CITY WILL FIGHT HOUSE OF BLUES SUIT.Byline: Beth Barrett Staff Writer House of Blues' $10 million lawsuit alleging that the city of Los Angeles
A sham Pleading is one that is good in form but is so clearly false in fact that it does not raise any genuine issue. competitive bidding Competitive bidding A securities offering process in which securities firms submit competing bids to the issuer for the securities the issuer wishes to sell. competitive bidding 1. process'' and political favoritism over the Greek Theatre's operating concession will be vigorously fought, city officials said Thursday. House of Blues House of Blues (HOB) is a chain of music halls and restaurants founded in 1992 by Hard Rock Cafe founder Isaac Tigrett and his friend and investor Dan Aykroyd. It is a home for live music and southern-inspired cuisine, whose clubs celebrate African-American culture, specifically Concerts Inc. filed the lawsuit in Superior Court alleging a three-year pattern of political favoritism by the city toward longtime operator Nederlander-Greek, which it claims culminated last month in the Recreation and Parks Commission rejecting both House of Blues' and Nederlander's bids, even though House of Blues asserts it submitted a more lucrative offer. House of Blues, in its request for a writ of mandate writ of mandate (mandamus) n. a court order to a government agency, including another court, to follow the law by correcting its prior actions or ceasing illegal acts. , asked the court to order the city to set aside the commission's action and to award it the 10-year contract to operate the Greek Theatre. Assistant City Attorney Mark Brown said upon preliminary review, he felt confident the city would defend the commission's action as legal. ``It is always within the power of the awarding authority to terminate the process of awarding a contract,'' Brown said. House of Blues representatives said during a City Hall press conference they believe the Recreation and Parks commissioners went beyond their discretionary powers and participated in an arbitrary process to prevent House of Blues from winning the contract to run the popular Griffith Park Griffith Park is a large public park at the eastern end of the Santa Monica Mountains. It is situated in the Los Feliz neighborhood of Los Angeles, California. The park covers 4,210 acres (17 km²) of land, making it one of the largest urban parks in North America. venue. ``We feel we have a very, very strong case that the city broke the law,'' House of Blues lawyer Jim Arnone, with Latham & Watkins, said during a news conference. ``We want the court to order the city to follow the law.'' At the heart of the lawsuit is House of Blues' allegation that the commission abused its discretion in rejecting the bids, and had an obligation to take the better offer. House of Blues asserts its bid would have given the city more than $10 million more in capital improvements and revenue than Nederlander's offer. ``They can't act in an arbitrary and capricious capricious adv., adj. unpredictable and subject to whim, often used to refer to judges and judicial decisions which do not follow the law, logic or proper trial procedure. A semi-polite way of saying a judge is inconsistent or erratic. manner,'' Arnone said. Adam Burke, Nederlander's attorney, said he believes the city's charter gave the commission the right to reject both bids, which it did by a 3-1 vote, after the commission repeatedly deadlocked dead·lock n. 1. A standstill resulting from the opposition of two unrelenting forces or factions. 2. Sports A tied score. 3. between the two firms. ``The city charter says they reserve the right to reject in every instance an RFP (Request For Proposal) A document that invites a vendor to submit a bid for hardware, software and/or services. It may provide a general or very detailed specification of the system. 1. (business) RFP - Request for Proposal. 2. (request for proposals),'' Burke said. He added that the city currently is acting in good faith by moving ahead with the new bid specifications. Brown, the city's attorney, said barring a court order, the city intends to proceed with a new request for proposals, and to move ahead with the selection process. Recreation and Parks Department General Manager Ellen Oppenheim said the new specifications are scheduled to be completed sometime next month. With Nederlander's contract due to expire Oct. 31, the 2002 season as well as a series of improvements would be in jeopardy if a vendor isn't selected before the contract ends. |
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