Andrea v. City of Coeur D'Alene
Idaho Court of Appeals · 1998-12-07 · cited 1×
The case concerned an unsuccessful bidder, Gordon Andrea, who sued the City of Coeur d'Alene after losing a 1994 food concession contract for a city park site, alleging the city improperly allowed the winning bidder to use a generator instead of propane and violated his property and civil rights. The district court dismissed Andrea's claims on summary judgment and awarded attorney fees to the city under Idaho Code § 12-120(3), finding the dispute arose from a commercial transaction involving the bidding process. On appeal, the Idaho court reversed the fee award, holding that no commercial transaction occurred between Andrea and the city because Andrea had no contract with the city and the suit was brought by an unsuccessful bidder challenging the bid award, consistent with precedent in Scott v. Buhl Joint School District.