CONSTRUCTION CO. v. BD. OF EDN.

No. 49096.

16 Ohio Misc. 99 (1968)

H. R. JOHNSON CONSTRUCTION CO. v. BOARD OF EDUCATION OF PAINESVILLE TOWNSHIP LOCAL SCHOOL DISTRICT ET AL.

Common Pleas Court of Lake County.

Decided September 21, 1968.


Attorney(s) appearing for the Case

Mr. Reynold L. Kenen and Messrs. Kenen & Snider, for plaintiff.

Mr. Paul H. Mitrovich, for the school board.

Mr. Robert W. Sweet and Messrs. Sweet & Pollock, for defendant Lunka Construction Co.


SIMMONS, J.

This case comes before the court for decision on defendants' motion to dismiss the petition, the pleadings, stipulation of facts and other evidence at trial.

After considering these, written briefs and the law, I rule as follows:

(1) Plaintiff has standing to challenge the contract award to Lunka and its petition states a cause of action. The motion is overruled.

(2) The contract between the board and Lunka is illegal and void....

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