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WESTERN SUN v. SUPERIOR COURT

No. 1 CA-SA 88-168.

159 Ariz. 223 (1988)

766 P.2d 96

WESTERN SUN CONTRACTORS COMPANY, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Daniel E. Nastro, a judge thereof, Respondent Judge, CITY OF PEORIA, a municipal corporation, Pipe Tech, Inc., an Arizona corporation, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department D.

Supplemental Opinion On Denial of Reconsideration December 29, 1988.

Attorney(s) appearing for the Case

Jennings, Kepner & Haug by Robert O. Dyer and James L. Csontos, Phoenix, for petitioners.

Norling, Oeser & Williams by Ronald L. Keyser and Darrell E. Davis, Phoenix, for respondent City of Peoria.

Ryley, Carlock & Applewhite by William E. Farrell and John C. LeMaster, Phoenix, for respondent Pipe Tech, Inc.

OPINION

JACOBSON, Judge.

This special action arises out of the City of Peoria's (City) award of a construction contract for a sewer project to Pipe Tech, Inc., after the City determined that Pipe Tech was the lowest bidder and was entitled to the statutory preference allowed by A.R.S. § 34-241(A). The superior court denied the special action relief requested by the second-lowest bidder, Western Sun Contractors Co., after the City rejected Western Sun...

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