Opinion

State, Ex Rel. Baker v. Cuyahoga County Board of Commissioners

  • 46 Ohio App. 3d 39
  • 545 N.E.2d 912
  • 1988 Ohio App. LEXIS 131
Court
Ohio Court of Appeals
Filed
Feb 1, 1988
Status
Published
Author
Pryatel
On the bench
Nahra, Corrigan, Pryatel
Cited by
1 cases

The opinion

Pryatel, P.J.,

dissenting. Respectfully, I dissent from the majority’s conclusion that relators were entitled to mandamus. Specifically, I do not believe that relators had sufficient control of their business to qualify them for MBE certification. The relevant language of R.C. 122.71(E) is as follows:

“ ‘Owned and controlled’ means that at least fifty-one per cent of the business * * * is owned by persons who belong to one or more of the groups set forth in division (E)(1) of this section,

and that such owners have control over the management and day-to-day operations of the business

* * *.” (Emphasis added.)

The lease arrangement between the Yellow Cab Company and the drivers is a day-to-day agreement, terminable at will by either party. Furthermore, the contract with the county was for a one-year period. While R.C. 122.71 does not mandate a determination that relators could fulfill a one-year obligation, clearly the county’s contract does. Thus, I would reverse the lower court’s decision granting mandamus.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.