NORTHWESTERN OHIO BUILDING & CONSTRUCTION TRADES COUNCIL, Appellant, et al.,
v.
OTTAWA COUNTY IMPROVEMENT CORPORATION et al., Appellees.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted March 25, 2009.
Decided June 30, 2009.
Attorney(s) appearing for the Case
Cosme, D'Angelo & Szollosi Co., L.P.A., and Joseph M. D'Angelo, for appellants.
Ross, Brittain & Schonberg Co., L.P.A., Alan G. Ross, and Nick A. Nykulak, for appellee Fellhauer Mechanical Systems, Inc.
Squire, Sanders & Dempsey, L.L.P., Vincent Atriano, David S. Farkas, and Matthew L. Sagone; Mark E. Mulligan, Ottawa County Prosecuting Attorney; and Kohli & Christie and Gary A. Kohli, for appellees Ottawa County Improvement Corporation and Ottawa County Board of Commissioners.
Calfee, Halter & Griswold, L.L.P., Peter A. Rosato, and Stanley J. Dobrowski, urging reversal for amicus curiae Mechanical Contractors Association of Ohio.
Ross, Brittain & Schonberg Co., L.P.A., Alan G. Ross, and Nick A. Nykulak, urging affirmance for amicus curiae Associated Builders & Contractors of Ohio, Inc.
Supreme Court of Ohio.
LUNDBERG STRATTON, J.
I. Introduction
{¶ 1} We are asked to determine whether the mere expenditure of public funds by an institution defined as a public authority in R.C. 4115.03(A) triggers the prevailing-wage requirement set forth in R.C. 4115.03 et seq. We hold that the wage requirement is triggered only when an R.C. 4115.03(A) institution spends public funds to construct a public improvement, which by definition must be constructed...
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