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STATE EX REL. N. OHIO CHAPTER OF ASSOCIATED BUILDERS & CONTRS., INC. v. BARBERTON CITY SCHOOL DIST. BD. OF EDN.

No. 24898.

188 Ohio App.3d 395 (2010)

2010-Ohio-1826

STATE EX. REL. NORTHERN OHIO CHAPTER OF ASSOCIATED BUILDERS & CONTRACTORS, INC. et al., Appellants, v. BARBERTON CITY SCHOOL DISTRICT BOARD OF EDUCATION et al., Appellees.

Court of Appeals of Ohio, Ninth District, Summit County.

Decided April 28, 2010.

Attorney(s) appearing for the Case

Alan G. Ross , Nick A. Nykulak , and Ryan T. Neumeyer , for appellants.

Tamzin Kelly O'Neal and Patrick S. Vrobel , for appellees Barberton City School District Board of Education.

Richard Cordray , Attorney General, and William C. Becker , Jon C. Walden , and James E. Rock , Assistant Attorneys General, for appellee Ohio School Facilities Commission.

WHITMORE, Judge.

{¶ 1} Plaintiff-appellants, Associated Builders & Contractors, Inc. ("ABC"), Fechko Excavating, Inc. ("Fechko"), Dan Villers, and Jason Antill, appeal from the judgment of the Summit County Court of Common Pleas, dismissing for lack of standing. This court affirms.

I

{¶ 2} In 2008, voters in the city of Barberton passed a 5.2 mill levy to aid the Barberton City School District in building a...

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