Commonwealth Court Affirms Court of Common Pleas Decision of in Favor of City of Allentown

Doug Smillie Represented the City in This Case

FLB Law      Jul. 21, 2017

On July 20, 2017, The Commonwealth Court of Pennsylvania affirmed the decision of the Court of Common Pleas of Lehigh County in Solid Waste Servs. v. City of Allentown & Waste Mgmt. of Pa., No. 1748 C.D. 2016 (Pa. Commw. Ct. May 2, 2017). In doing so, the Court denied the Appellants’ request for a permanent injunction that sought to void the contract for solid waste and recyclable services between the City of Allentown and Waste Management of Pennsylvania; to prohibit the City of Allentown from awarding the contract to any proposers under the City’s Request for Proposals; and to force a sealed bidding process. Doug Smillie, Chair of FL&B’s Litigation & Trial practice, successfully represented the City of Allentown in both the trial and appeal.

“I am pleased that the Commonwealth Court upheld Judge McGinley’s thorough and well-reasoned opinion,” said Smillie. “The City of Allentown utilized a competitive process authorized under its Home Rule Charter. The contract awarded as a result of that process represents a good deal for the City and its residents, and is the result of hard work by a number of City employees to ensure that result. As services contracts become increasingly complex, cities like Allentown benefit from the flexibility of the process employed and upheld by the courts.”


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