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DAYTON, EX REL. SCANDRICK, v. CITY OF DAYTON MAYOR McGEE

No. 80-1564.

67 Ohio St. 2d 356 (1981)

CITY OF DAYTON, EX REL. SCANDRICK, APPELLEE, v. CITY OF DAYTON MAYOR McGEE ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 29, 1981.

Attorney(s) appearing for the Case

Messrs. Pickrel, Schaeffer & Ebeling, Mr. William L. Havermann and Mr. Frank M. Root, for appellee.

Mr. Thomas G. Petkewitz, city attorney, and Mr. Thomas P. Randolph, for appellants.

Per Curiam.

Unless all bids are rejected, Section 35.13 of the Dayton Revised Code of General Ordinances requires that contracts be awarded to the "lowest and best" bidders.1 The sole issue before this court is whether the appellants' use of the unannounced residency criterion in determining which bid was "lowest and best" constitutes an abuse of discretion. Were the question simply...

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