JUDGE NIBERT DISMISSES TANK OUTFITS TEMPORARY RESTRAINING ORDER

(12/08/2009)

Judge David W. Nibert dismissed a temporary restraining order yesterday he issued last Wednesday against Calhoun's $5.2 million public water project, an order that would have prevented the Mt. Zion PSD from moving the project ahead. The temporary injunction was issued following a complaint by Bruce Caswell, Welding Inc, who was attempting to bid on water tanks for the 21-mile project. Caswell claims a number of "unfair" issues that project engineer Jim Hildreth used that prevented the opening of his bid. Hildreth said Welding, Inc. was "not a responsible bidder." Nibert said, "The temporary injunction is dissolved," leaving Welding, Incs. option to pursue a civil suit. The Mt. Zion PSD, following Hildreth's recommendation, awarded the contract to Mid-Atlantic Storage for $319,000. Caswell's attorney Kelly Morgan told the court that Welding Inc. underbid Mid-Atlantic Storage. Caswell has contended for months that engineer Hildreth committed bid interference, claiming he met the requirements. The four principal parties were represented by attorneys. The Grantsville courtroom had about 30 individuals in attendance, many of them citizens who want public water. Much of the dialog centered on Caswell failing or meeting the advertised bid requirements. More to follow ...

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