The record indicates that AQB had installed vending machines at various schools including Baldwinsville, and has been asked to remove its machines due to the anticipated execution of the exclusive pouring rights contract. One of the additional petitioners in Appeal No. 2 is Tom's Vending Company, a small distributor of beverages that has machines throughout respondent Syracuse's schools. The third petitioner, Kathleen Haines, is a taxpayer and resident of respondent Syracuse's district, and the parent of several children who attend the Syracuse schools. Petitioners challenge the exclusive pouring rights contracts on a number of grounds. Respondents in both appeals assert that they have statutory authority to enter into such contracts, and that the contemplated exclusive pouring rights contracts do not violate any constitutional, statutory or regulatory provisions.
Respondents also raise a number of procedural objections.
The appeals must be dismissed at this time because they are premature. No final contracts have been executed by either school district. Since the adoption of the resolution, respondent asserts that no official action has been taken to approve an agreement with Coca-Cola or to execute such an agreement. Respondent expressly avers, however, that no final contract has yet been approved or executed by respondent. Additionally, it is not clear whether the draft agreement attached to the answer is in its final form, has been reviewed and approved by Coca-Cola, or will constitute the final agreement to be executed by the parties.