Home Coal Co. v. Board of Education
Home Coal Co. v. Board of Education
Opinion of the Court
This case is before us on a rule to show cause why a writ of certiorari should not be allowed to review action of the respondent in awarding a yearly contract for coal. The contract itself has not yet been made. The prosecutor was one of ten unsuccessful bidders for the contract, each of the ten bids being for the precise sums contained in prosecutor’s bid, which were approximately $9,000 higher than that of the successful bidder. It does not appear that prosecutor is a taxpayer in the city. It appears only as an unsuccessful bidder. Such status is not sufficient to enable it to prosecute a writ of certiorari. It must show that it was deprived of something, which, except for the alleged illegal act of the public body, it would have received.
Again, the successful bidder is not a party to these proceedings. In this situation, it appears to us that a determination of the questions prosecutor seeks to raise as to the validity of the bid and award and the responsibility of the successful bidder, is impossible. Livermore v. Millville, 72 N. J. L. 221; 62 Atl. Rep. 408.
The rule to show cause is discharged.
Reference
- Full Case Name
- HOME COAL COMPANY, INCORPORATED, PROSECUTOR v. BOARD OF EDUCATION OF THE CITY OF BAYONNE
- Status
- Published