Glenn Hawbaker, Inc. v. PennDOT (majority)
Annotate this CaseThe Commonwealth of Pennsylvania, Department of Transportation; Yassmin Gramian, individually; Michael Carroll, in his capacity as Acting Secretary of the Department of Transportation; and Melissa Batula, P.E., individually and in her capacity as Acting Executive Deputy Secretary for the Department of Transportation (collectively, PennDOT) appealed a Commonwealth Court order that denied, in part, and granted, in part, a “Motion for Adjudication of Civil Contempt or in the Alternative . . . Motion for a Preliminary Injunction” (PI Motion) filed by Glenn O. Hawbaker, Inc. (Hawbaker). Pertinent here, the Commonwealth Court’s order preliminarily enjoined PennDOT from proceeding with any action for the debarment of Hawbaker as a prequalified bidder on PennDOT construction contracts based upon criminal charges filed against Hawbaker or Hawbaker’s subsequent entry of a corporate nolo contendere plea to those criminal charges. After review, the Supreme Court agreed with PennDOT that the Commonwealth Court erred in exercising equitable jurisdiction to award Hawbaker preliminary injunctive relief in this matter. Accordingly, the Court reversed the Commonwealth Court order, and remand the matter for further proceedings.
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