Justice Thomas Feinman
Petitioner sought to annul an agreement between County of Nassau and Christopher Morley Tennis LLC (CMT). It alleged the agreement was extended for an additional 10-year term to a then-existing 10-year license without the county issuing any new requests for proposals (RFP). Petitioner argued the extension without affording prospective operators, including petitioner, the opportunity to submit a competing proposal was arbitrary. It claimed the county’s decision to grant CMT an additional 10 years undermined the RFP process by creating material uncertainty among prospective proposers if the rights ultimately to be awarded would bear substantial similarity to the terms set forth in the county’s RFP. Respondents moved for dismissal arguing the complaint failed to state a cause of action, and petitioner lacked standing. The court noted respondents demonstrated that the Commissioner was not required to use an RFP for the issuance of revenue-producing permits. It stated while petitioner alleged it suffered an injury-in-fact, petitioner was unable to show that the potential injury was more than conjectural. As petitioner did not submit a proposal to the original RFP, it could not show it fell within the “zone of interest” protected by legislation, and the petition was denied.
