CALM Golf, Inc. v. Read, et al. (Lawyers Weekly No. 09-055-17)
COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss. SUPERIOR COURT CIVIL ACTION NO. 13-01214 CALM GOLF, INC. vs. RENE J. READ, IN HIS CAPACITY AS TOWN MANAGER OF THE TOWN OF DUXBURY, AND ROBERT TROY, ESQ. MEMORANDUM OF DECISION AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This action arises out of an award to plaintiff, CALM Golf, Inc.(“Calm”), from the Town of Duxbury (represented by its Town Manager, Rene Read) (“Duxbury”), to operate the North Hill Country Club and Golf Course (“North Hill”).1 Calm alleges that Duxbury is liable to it for breach of contract (Count I), violation of Chapter 93A (Count IV), and violation of the Massachusetts Public Bidding Statute, G. L. 30(b) (Count VI). Before the Court is Duxbury’s motion for summary judgment. A proper review of the record shows that the core facts are largely undisputed. It also shows that this case boils down to two simple, controlling propositions. First, did Duxbury’s award to Calm equate to a contract, either express or implied? Second, was Duxbury required to conclude a formal contract with Calm despite the fact that, as the result of litigation brought by a disappointed bidder – the thenextant manager of North Hill, Johnson Golf Management, Inc. (“Johnson) – this Court ordered Duxbury not to contract with Calm but rather to continue its contract with Johnson? 1 Count II, alleging misrepresentation against Duxbury, and Counts III and V, all of the counts against defendant Robert Troy, were previously dismissed by this Court. As the answer to both questions is “no,” Duxbury’s motion for summary judgment is ALLOWED. BACKGROUND The following relevant facts are either undisputed or presented in the light most favorable to the non-moving party, in accordance with the dictates of Mass. R. Civ. P. 56. In September 2008, Duxbury published a Request for Proposal (“RFP”) pursuant to G.L. 30B for a five-year contract to operate North Hill. Johnson was then the manager of North Hill. Calm and Johnson bid for the contract. In December 2008, and for reasons not relevant here, Duxbury rejected all bids. On December 12, 2008, Johnson sued Duxbury in this Court (Middlesex Superior Court) in Johnson Golf v. Town of Duxbury, et al., 08-04641, arising from the bid process (“the Johnson Litigation”). On January 8, 2009, the Court in the Johnson Litigation issued a temporary restraining order requiring that “Johnson Golf Management Inc., shall continue to manage the North Hill Country Club Golf Course until such time as defendant Town of Duxbury has awarded a new management contract pursuant to G.L. c. 30B rebidding process that is to begin on January 9, 2009 or until further order of the Court.” On or about January 9, 2009, Duxbury issued a second RFP […]