Written By: Edmund J. O’Meally, Esquire firstname.lastname@example.org
After four tough years of contentious litigation in a matter involving complicated procurement issues worth millions of dollars to the Board of Education of Baltimore County, the school system represented by Pessin Katz Law Education Attorneys, finally prevailed in a unanimous decision issued recently by the Court of Appeals of Maryland.
The suit was initially filed in federal court in September of 2008 by Building Materials Corporation of Maryland doing business as GAF Materials Corp. (“GAF”) which sought to enjoin BCPS’ use of intergovernmental cooperative purchasing for its roof replacement projects despite the fact that BCPS’ use of this procurement method was approved by the Interagency Committee on School Construction and the Board of Public Works. The suit was accompanied by a Motion for Preliminary Injunction and a Motion to Shorten Time, but PK Law prepared and filed a Motion to Dismiss that resulted in a dismissal by Judge Motz in December of 2008. The suit was re-filed in the Circuit Court for Baltimore County where it was litigated for over a year prior to a lengthy discovery process. The school system’s Summary Judgment Motion was ultimately granted by Judge Ballou-Watts in January of 2011, and the case was subsequently argued before the Court of Appeals in February of 2012. On September 24, 2012, the Court of Appeals affirmed in favor of the school system – a result that saves the school system millions of dollars in procurement costs and validates a procurement practice that will also help other school systems achieve comparable savings. For more information related to this case and alternative procurement methods, please contact Edmund J. O’Meally who served as lead counsel on this case.