Garnett L. Rainey v. Borough Derry

Garnett Rainey, Virginia Gray and Albert Cresson, taxpayers in the Borough of Derry and the appellants here (hereinafter, "the taxpayers") appeal from an order by Judge McCormick of the Court of Common Pleas of Westmoreland County denying their request for a preliminary and permanent injunction to enjoin the Borough of Derry from awarding a municipal contract to Pugliano Construction Company. The borough and Pugliano are the appellees. We are asked to determine whether the borough violated the competitive bidding process by conducting post-bid negotiations and waiving defects in Puglianos bid. We affirm in part and reverse in part.