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INTERSTATE WASTE REMOVAL CO. v. BD. OF COMM. OF CITY OF BORDENTOWN

140 N.J. Super. 65 (1976)

355 A.2d 197

INTERSTATE WASTE REMOVAL CO., INC. (FORMERLY DELORENZO-INTERSTATE WASTE REMOVAL CO., INC.), A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THE BOARD OF COMMISSIONERS OF THE CITY OF BORDENTOWN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, MARILYN CLYDE, T/A GARDEN STATE REMOVAL SERVICE CO. AND FREEHOLD CARTAGE, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1976.

Attorney(s) appearing for the Case

Mr. Arthur Meisel argued the cause for appellant (Messrs. Jamieson, McCardell, Moore, Peskin and Spicer, attorneys; Mr. Herbert F. Moore of counsel).

Mr. Henry G. Tutek argued the cause for respondent Board of Commissioners of Bordentown (Messrs. Kessler, Tutek and Gottlieb, attorneys).

Mr. Benjamin Marmer, attorney for respondent Marilyn Clyde, t/a Garden State Removal Co.

Before Judges LYNCH, LARNER and HORN.

The opinion of the court was delivered by LARNER, J.A.D.

On October 17, 1974 the Board of Commissioners of the City of Bordentown advertised for bids for a contract to perform garbage collection and disposal service for the municipality. On October 28, 1974 three bids were submitted which were rejected as unreasonable in comparison with prior cost estimates. The city proceeded to readvertise and on November 18, 1974...

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