STATE EX REL. ASSOCIATED BUILDERS & CONTRS. OF CENT. OHIO v. FRANKLIN CTY. BD. OF COMMRS.

No. 2008-1478.

125 Ohio St.3d 112 (2010)

2010-Ohio-1199

THE STATE EX REL. ASSOCIATED BUILDERS & CONTRACTORS OF CENTRAL OHIO ET AL., Appellants, v. FRANKLIN COUNTY BOARD OF COMMISSIONERS ET AL., Appellees.

Supreme Court of Ohio.

Decided March 25, 2010.


Attorney(s) appearing for the Case

The Copley Law Firm, L.L.C., Michael F. Copley, Mark E. Landers, Douglas M. Beard, and Kenley S. Maddux; and The Mason Law Firm Co., L.P.A., Ronald L. Mason, and Aaron T. Tulencik, for appellants.

Ron O'Brien, Franklin County Prosecuting Attorney, Nick A. Soulas Jr., First Assistant Prosecuting Attorney, and Anthony E. Palmer, Assistant Prosecuting Attorney, for appellee.

Benesch, Friedlander, Coplan & Aronoff, L.L.P., N. Victor Goodman, and Mark D. Tucker, urging affirmance for amici curiae Ohio State Building & Construction Trades Council and Columbus/Central Ohio Building & Construction Trades Council.

Bricker & Eckler, L.L.P., and Luther L. Liggett Jr., urging affirmance for amici curiae National Electrical Contractors' Association, Ohio Conference, and Mechanical Contractors Association of Northwestern Ohio.


CUPP, J.

{¶ 1} This appeal concerns the process used by the Franklin County Board of Commissioners to determine that appellant The Painting Company was not the best bidder for a public works contract despite being the lowest bidder. We hold that preemption under R.C. Chapter 4115, the framework providing rights and remedies for private contractors and subcontractors engaged in the construction of public improvements in this state, is not applicable...

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