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FOR PUBLICATION
ATTORNEYS FOR APPELLANT: R. MARK KEATON Fort Wayne, Indiana ATTORNEYS FOR APPELLEE: JAMES P. FENTON Eilbacher Fletcher, LLP Fort Wayne, Indiana

IN THE COURT OF APPEALS OF INDIANA
CITY OF FORT WAYNE, Appellant-Defendant, vs. PIERCE MANUFACTURING, INC., Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 90A02-0512-CV-1155

APPEAL FROM THE WELLS CIRCUIT COURT The Honorable David L. Hanselman, Sr., Judge Cause No. 90C01-0409-PL-9

September 5, 2006 OPINION - FOR PUBLICATION SHARPNACK, Judge

The City of Fort Wayne ("City") appeals the trial court's grant of a motion for summary judgment filed by Pierce Manufacturing, Inc., ("Pierce") and the trial court's denial of a motion to dismiss and a motion for summary judgment filed by the City. The City raises two issues, one of which we find dispositive and restate as whether the trial court erred by denying the City's motion to dismiss based upon Pierce's lack of standing to contest the City's award of a contract to another bidder. 1 We reverse. 2 The relevant facts follow. In 2004, the City wanted to purchase fourteen fire trucks and decided to award the contract through the use of a request for proposal ("RFP"). The RFP was issued on March 14, 2004, and provided, in part:

The other issue raised by the City is whether the trial court erred by granting Pierce's motion for summary judgment and denying the City's motion for summary judgment regarding whether the City complied with the Public Purchasing Statute, Ind. Code

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Indiana Law