In Council of City of New York v. Giuliani (5 AD3d 330, 773 NYS2d 557 [1st Dept 2004]), the petitioners challenged a contract awarded to a bus company resulting from a competitive bidding process administered by the New York City Economic Development Corporation, which the petitioners argued constituted a franchise agreement that should have followed the procedures of the City Charter pertaining to franchises.
The Appellate Division, First Department, affirmed the lower court's dismissal of the petition as time-barred.
The Appellate Division reasoned that "petitioners, by reason of the municipal respondents' issuance of a request for proposals (RFP) suffered an actual, concrete injury. The RFP's issue without an authorizing resolution by the City Council was itself an act clearly bypassing the franchise process required by the City Charter." (Id. at 331.)