FOR IMMEDIATE
NEWS RELEASE
NEWS RELEASE
# 028
FROM: CLERK
OF SUPREME COURT OF LOUISIANA
The Opinion handed down on the 18th day of
March, 2004, is as follows:
BY
JOHNSON, J.:
2004-CC-0211
C/W 2004-CC-0212 BROADMOOR,
L.L.C. v. ERNEST N. MORIAL NEW ORLEANS EXHIBITION HALL
AUTHORITY (Parish of Orleans)
For the foregoing
reasons, we affirm the court of appeal's conclusion
that the Authority impermissively waived the requirements
regarding builders' risk insurance, attendance at pre-bid
conferences, and submission of a resolution concerning
the joint venture, and it abused its discretion when
it selected Yates/Landis' bid as the lowest responsive
bid. Accordingly, the decision to grant the preliminary
injunction is affirmed, and the Authority is ordered
to reject the Yates/Landis bid as non-responsive.
Any application
for rehearing shall be filed by the end of business
on Wednesday, March 24, 2004.
AFFIRMED.
CALOGERO,
C.J., concurs and assigns reasons.
VICTORY, J.,
dissents for the reasons assigned by Justices Knoll
and Weimer.
KNOLL, J., dissents
and assigns reasons and further dissents for the reasons
assigned by Justice Weimer.
WEIMER, J., dissents
and assigns reasons.
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