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.