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Until the day MnDOT signed a contract with Flatiron, the agency also withheld the identities of the six people who served on a technical advisory committee that scored the proposals submitted by Flatiron and three other competitors.

'Cloaked in secrecy'

Cleary scolded MnDOT in his ruling. "In the Court's opinion, it is unfortunate that MnDOT chose to ignore the advice given to it by its sister agency, the Minnesota Department of Administration. By signing a contract with the successful bidder before releasing the underlying data that led to that decision, MnDOT cloaked the decision in secrecy," the judge wrote.

In an e-mail response to the ruling, McFarlin said MnDOT acted "in the public interest" and told reporters not to focus on the judge's criticisms. "I think it is important to stay focused on the legal aspects of this ruling," he wrote.

Mike Kaszuba • 612-673-4388

Mike Kaszuba • mkaszuba@startribune.com