64 A.D.2d 757 | N.Y. App. Div. | 1978
—Appeals from a judgment of the Supreme Court at Special Term, entered December 7, 1977 in Clinton County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul the award of a public road construction contract to appellant, Tracy-Trombley Construction Co., Inc., and directed that said contract be awarded to petitioner. Judgment affirmed, with costs, on the opinion of Harvey, J., at Special Term. Greenblott, J. P., Staley, Jr., Main and Herlihy, JJ., concur; Mikoll, J., dissents and votes to reverse in the following memorandum. Mikoll, J. (dissenting). I respectfully dissent. In October, 1977, the Town of Champlain published a bid document advertising for bids on a road improvement project in the town. The project was to be financed by a Federal Economic Development Administration (EDA) grant. As a condition to receipt of this grant, the EDA required the contractor to expend at least 10% of the contract in the use of "minority business enterprises” (MBE). A MBE is a business at least 50% of which is owned by minority group members. The bid documents advised the bidders