competitive bidding not required for bond-funded construction, since it is acquired for private industry rather than public use
How later courts described this case
- competitive bidding not required for bond-funded construction, since it is acquired for private industry rather than public use
Written by the judges who cited it.
The opinion
BIEGELMEIER, Judge
(concurring).
My concurrence is premised on the basis the bonds are payable under the statute and ordinance solely from rentals collected from, and payable to the city by, a private corporation pursuant to a written lease in the usually accepted practice and in the normal operation of business under our capitalistic system and do not rely directly or indirectly on the taxing power, tax or other municipal sources. It is not therefore an "evasive" device proscribed by Torigian v. Saunders cited in the opinion.