In its August 2015 decision in Airport Mart, Inc. v. Westchester County, the New York Supreme Court dismissed the legal challenge of an incumbent airport concession contractor. Rather than extending the existing lease, the county had initiated a new bidding process. The incumbent, who placed third in the new bidding process, challenged the resulting contract award, and won a temporary injunction. However, the court ultimately rejected the challenge since the incumbent failed to show that the county had acted arbitrarily or capriciously, had abused its discretion, or had made an error in law in deciding to retender the lease rather than extend the existing contract.
New York Supreme Court Rejects Incumbent Challenge
Categories: United States Case Law, Case Studies|Tags: United States, Incumbent Advantage, New York, Open Competition, US|