Lawsuit against county dismissed
Apr. 26—Nez Perce County was granted summary judgment in a lawsuit filed by Riverview Marina because the county awarded a bid to another company.
Second District Judge Adam Green dismissed the lawsuit with prejudice Wednesday and granted the county's motion for summary judgment, meaning the case was dismissed before it went to trial.
The suit was filed by Riverview Marina in December 2022. It stated that Nez Perce County put out a bid for new jet boats for the sheriff's office in October 2022.
Custom Weld, which is part of Riverview Marina, was the lowest bid at $230,000 and Bentz Boats was the highest at $284,265. Custom Weld was notified Nov. 9, 2022, that Bentz was awarded the contract, according to court documents.
Custom Weld wasn't aware it was the lowest bidder until it found out through a public records request, according to documents. Idaho code states that contracts must be given to the lowest bid unless there is a declared reason.
The lawsuit alleged there wasn't a declared reason, which violated Idaho statute. The suit also asked the county to enter into a contract with Custom Weld and prohibit the contract with Bentz through an injunction, which is an order from the court.
In a response to the suit, the county denied most of the allegations. The response also said Custom Weld should have issued a tort claim but didn't.
There was no "constitutionally protected property" in the award of the bid and the lawsuit didn't allege "irreparable" injury, according to court documents.
Jonathan Hally, of the Blewett Mushlitz Hally law firm, represented Riverview Marina. Bentley Stromberg, of Clements, Brown and McNichols, represented Nez Perce County. Both the county and the marina filed for summary judgment in February and a hearing was held April 5.
In his order, Green wrote that Bentz Boats contacted the county and pointed out potential flaws in the county's bid for the boats, and the county changed its specifications.
Although Custom Weld had the lowest bid at $230,000, county commissioners on Nov. 8, 2022, said the current boats didn't meet the needs of safety and reliability they wanted, and the county "cannot afford to repeat the past mistake with the previous boat builder," deciding to give the contract to Bentz.
Green wrote, based on that discussion, the most responsible bid was the one from Bentz, which was allowed under Idaho law, according to court documents.
Although the county sent a letter notifying Custom Weld that it didn't earn the bid, the letter didn't comply with the part of Idaho law that required the county to say Custom Weld was the lowest bidder or give the reason for going with Bentz, according to court documents.
Green also wrote that the claims for injunction "are moot" because construction of the boats is complete and only one payment of $28,462.50 remains.
Injunction relief can't be issued after a sale has already taken place. Custom Weld is also not entitled to damages because it didn't have property interested in the bid, according to court documents.
Green wrote that the only relief available to Custom Weld is no longer an option.
If a bidder objects to an award of a bid, that person has seven days to submit the object.
The lawsuit was filed Dec. 2, 2002, and the letter notifying Custom Weld was sent Nov. 9 of that year.
Although Custom Weld wasn't told it had the lowest bid, Green said its interpretation of Idaho code was "erroneous" because even though it wasn't told why it didn't receive the bid, it still knew it didn't earn the contract.
Green wrote that it had access to the record and could have issued an objection in the seven-day timeframe. Because the deadline has passed, Custom Weld can't be given relief.
Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.
