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Contracts
Commercial Lease
Illegal Bidding

Stow Lake Corp., Surrey Cycle Rentals, Inc. v. City and County of San Francisco

Published: Apr. 2, 2011 | Result Date: Mar. 21, 2011 | Filing Date: Jan. 1, 1900 |

Case number: CFP 11-511130 Bench Decision –  Injunction Issued

Court

San Francisco Superior


Attorneys

Plaintiff

Oliver L. Holmes Jr.


Defendant

Francesca R. Gessner


Facts

Stow Lake Corp. rented out boats in Golden Gate Park pursuant to a lease with the City and County of San Francisco (City), and its Parks and Recreation Dept. for nearly 70 years. Stow Lake's long-term lease with the City expired in 2006, and the City subsequently granted only temporary extensions, denying its bid for a new long-term agreement. On Feb. 1, 2011, the City approved a lease with another company.

Contentions

PLAINTIFF'S CONTENTIONS:
Stow Lake filed suit against the City, alleging the City was trying to force them out of their lease to award the lease to another operator under an illegal bidding process. Stow Lake further contended that the City refused to grant its lease six times, despite submitting the winning bid.

DEFENDANT'S CONTENTIONS:
The City denied the allegations and contended it followed the proper bidding procedures.

Result

The court granted a temporary restraining order allowing Stow Lake to keep its lease.


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