# Thorn Transit Systems International, Ltd. v. Massachusetts Bay Transportation Authority

> Massachusetts Appeals Court · July 3, 1996 · 40 Mass. App. Ct. 650

URL: https://www.frixlaw.com/law-library/cases/6459640

## Case

- **Full name:** Thorn Transit Systems International, Ltd., & another v. Massachusetts Bay Transportation Authority & another
- **Court:** Massachusetts Appeals Court
- **Decided:** July 3, 1996
- **Citations:** 40 Mass. App. Ct. 650; 667 N.E.2d 881
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Brown, Lenk
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6459640

## Opinion text

Brown, J.
(concurring). I am in full agreement with the reasoning of the majority opinion. It has not been made to appear that the single justice was not warranted in granting injunctive relief for the reason stated or on other bases that could readily be discerned from the papers before her.
In any event, the single justice was obliged in these circumstances to act as she did. In the arena of publicly bid *657 contracts, the expeditious action of a single justice is often the only way to maintain the status quo and preserve the legitimate rights of an unsuccessful bidder. See and compare Paul Sardella Constr. Co. v. Braintree Hous. Authy., 3 Mass. App. Ct. 326 , 331-334 (1975), S.C., 371 Mass. 235 (1976). See also Roblin Hope Indus., Inc. v. J. A. Sullivan Corp., 6 Mass. App. Ct. 481, 490-491 (1978), S.C., 11 Mass. App. Ct. 36 (1980). Public agencies that disregard or permit deviations from the prescribed bidding process create grave uncertainty among all interested parties and arouse public suspicion that something is amiss in the selection system. See Petricca Constr. Co. v. Commonwealth, 37 Mass. 392 , 401 (1994) (Brown, J., concurring). All too often the result of such lapses, as illustrated by this opinion, is further delay in the construction process and needless expense of public money in litigation.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6459640. Public record. Not legal advice.