Here is one of the communications that is not confidential. In short, the city of Rochester and I were 100% in the right all along! It is sad that so much public money was wasted fighting this foolish baseless lawsuit. I hope Dan Holter & RCL will not waste any more or our time or money.
Judge Chase has issued his final order in the RCL case.
Last year, he ruled against RCL on RCL’s claim that the City’s act of seeking competitive bids for the operator of the publicly-funded transit system and awarding a contract to First Transit constituted a “taking” of RCL property for which the City had to pay compensation. Judge Chase ruled there was no taking and the City owed nothing to RCL. The only remaining issue was the manner in which the City accepted those competitive bids, scored the results, and arrived at a decision to award the contract to First Transit. RCL argued that the City was biased and prejudiced against RCL, and that the court should order the City to rescind the First Transit contract and award a contract to RCL.
In this week’s ruling, Judge Chase ruled against RCL and in favor of the City on the remaining issue. Judge Chase ruled that the City was not prejudiced or biased against RCL in the manner in which the City processed the bids, analyzed them, and awarded a contract to First Transit. In his written ruling, the Judge hit hard on the fact that the four City members of the Evaluation Committee rated RCL higher than First Transit, and that the four non-City members gave lower ratings to First Transit. The Judge also noted that, even if you throw away the City member scores, First Transit comes out ahead of RCL.
With this ruling, the RCL case is now finished at the district court level. I fully expect an appeal to the Minnesota Court of Appeals.