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RONALD A. NIELSON AND DONALD I. CAIRNS v. JOSEPH WOMER (09/28/79)

decided: September 28, 1979.

RONALD A. NIELSON AND DONALD I. CAIRNS, TRADING AS AARDVARK ASSOCIATES, APPELLANTS
v.
JOSEPH WOMER, MICHAEL ANTKOWIAK, PAUL FOX, JACK BAKER AND TED WILLIAMS, AS MEMBERS OF THE CITY COUNCIL OF OIL CITY, PENNSYLVANIA, AND TERRANCE W. FARREN, AS CITY MANAGER OF THE CITY OF OIL CITY, PENNSYLVANIA, APPELLEES



Appeal from the Order of the Court of Common Pleas of Venango County in case of Ronald A. Nielson and Donald I. Cairns, trading as Aardvark Associates v. Joseph Womer, Michael Antkowiak, Paul Fox, Jack Baker and Ted Williams, as members of the City Council of Oil City, Pennsylvania, and Terrence W. Farren, as City Manager of the City of Oil City, Pennsylvania, No. 192-1977.

COUNSEL

Willis E. Schug, with him Culbertson, Weiss, Schetroma & Schug, for appellants.

F. Walter Bloom, III, City Solicitor, for appellees.

Judges Wilkinson, Jr., Blatt and DiSalle, sitting as a panel of three. Opinion by Judge DiSalle.

Author: Disalle

[ 46 Pa. Commw. Page 284]

Ronald Nielson and Donald Cairns, trading as Aardvark Associates (Aardvark), appeal from an order of the Court of Common Pleas of Venango County granting defendants'*fn1 motion for compulsory non-suit in a mandamus action instituted by Aardvark. We affirm.

At some time prior to April 29, 1977, defendants advertised for bids for the collection and disposal of garbage and refuse. Their bidding document contained the following questions:

What method of disposal do you plan on using?

What is the location?

Are the facilities contracted for?

The bidder shall provide either evidence of ownership, or evidence of non-cancellable agreement covering the use of the disposal area for the life of the contract. At any time after the award of the contract, the Contractor may find it necessary to use a different disposal site. The Contractor may do so under the provisions of these specifications only after thirty (30) days prior notice to the City accompanied by another affidavit evidencing ownership or non-cancellable agreement covering the use of the second disposal area for the life of the contract.

Aardvark, being in the business of hauling rubbish, submitted a bid on April 29, 1977, which turned out to be the lowest bid. In response to the third question above, however, it answered, "No. Consent through writing from the three landfills is sufficient." and attached three letters ...


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