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Mr. Neal, Beets <br />January 27, 2003 <br />Page 4 <br />Lake City Saruitation, Inc.,, 769 F.2d 517 (8th Ci-r., 1985). A lcgitimate claim of entitlement, in a <br />I I <br />property interest can, an"s�e f r o m procedures established I I e statutes or regulations. id,. <br />The Minnesota Court of Appeals has detennined, that under Minnesiota law govelming <br />competitive bidding on public contracts., the lowest responsible blidderin compliance with, the bidding <br />specifications, and proicedures has a legitimate expectation in blei'n,g awarded the ciointracit oinc�e the <br />government body makes the decision, to, award the cointrac�t. Schwandt Sanitation v. Citv of <br />Pavnesville, 423 N-W.2d 5'9 (Minn. App. 1988). <br />If the Ci,ty now designates any newspaper other than the Ploneer Press, the Pioneer Press may <br />seek damages for violations of its due process n'ghts pursuant to § 19813 of the Clivil, Rights Act,, as well <br />as for attorney fees under §1 1988 of that Act. As with the potential breiach-of-cointriact, claim discussed <br />Zbovel, the Pioneer Press may not, ultimately prevail in an action for breach of -its due process right. <br />Nevertheless, the cost, of"defending against such a lawsuit could be significant. <br />C. Other Considerations <br />It, may also bear referencing First Amendment nights, that could come into play under vanou�A_ <br />fact scenarios. There 'is, an establi,sihcd body oflaw that precludes a municipality from retaliating <br />F <br />against an employee for the exercise of that employee"s, First Amendment fights. This law hasi been <br />extended and applied in circum,sitanc�es involving non-employees who may cointract,, or have a <br />legitimate expectation of' contracting opportunities, with a municipality. <br />That being said were there any facts to ever suggest that, the change in designation olf'a legal, <br />newspaper had any relatt-on to one newspaper's coverage of the City in favorable or unfavorable, tennsl <br />those facts could impilicate Fli,rs�t Amendment fights and lead to a claim for violation of those rights., <br />