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DENTAL v. CITY OF SALEM

02C11851; A119442.

103 P.3d 1150 (2004)

196 Or. App. 574

Gary DENTAL, dba Bales & Brady Towing, Dental's Towing, and Bales & Brady West Towing, Respondent, v. CITY OF SALEM, Appellant.

Court of Appeals of Oregon.

Decided December 15, 2004.

Attorney(s) appearing for the Case

Sharman Meiners, Salem, argued the cause for appellant. With her on the briefs was City of Salem Legal Department.

Kevin T. Lafky, Salem, argued the cause for respondent. On the brief was Elton T. Lafky, Salem.

Before LANDAU, Presiding Judge, and ARMSTRONG, Judge, and KANTOR, Judge pro tempore.

ARMSTRONG, J.

The City of Salem appeals an ORCP 67 B judgment that declared that it had improperly rejected three bids submitted by plaintiff for towing contracts and that ordered the city to evaluate the bids on their merits. The city assigns error to the decision to grant plaintiff declaratory and injunctive relief. We reverse.

The material facts are undisputed. Plaintiff operates three towing companies. In 2001, the city decided to enter into seven contracts...

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