OHIO CONTRACTORS ASSN. v. BICKING

No. 93-2034.

71 Ohio St.3d 318 (1994)

OHIO CONTRACTORS ASSOCIATION, APPELLANT, v. BICKING, DIRECTOR, OHIO PUBLIC WORKS COMMISSION, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 23, 1994.


Attorney(s) appearing for the Case

Schottenstein, Zox & Dunn and Roger L. Sabo, for appellant.

Lee Fisher, Attorney General, and Doug S. Musick, Assistant Attorney General, for appellees W. Lawrence Bicking, Director of the Ohio Public Works Commission, and David Kern, Administrator, Ohio Small Government Capital Improvements Commission.

Vorys, Sater, Seymour & Pease, G. Ross Bridgman and Michael N. Barnett, for appellee Pat Leighty, village administrator.

John E. Gotherman and Malcolm C. Douglas, urging affirmance for amici curiae, Ohio Municipal League and Ohio Municipal Attorneys Association.


FRANCIS E. SWEENEY, SR., J.

Ohio Contractors Association asks this court to decide the legality of a village's decision to use its own, regularly employed workforce on a public project and to pay them less than the prevailing wage rather than competitively bid the work to outside contractors. Since we find that OCA does not have standing, we decline to reach the merits of this case. Instead, we dismiss the cause due to OCA's lack of standing.

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