State Ex Rel. Mosser Construction, Inc. v. City of Toledo

Per Curiam..

This matter is before the court on relator’s petition for a writ of mandamus, filed on April 25,1996. Respondents, the city of Toledo et al., have filed a motion to dismiss. The facts, as alleged in the petition, are as follows. Relator, Mosser Construction, Inc., is a contractor hired in 1994 by respondent Toledo (“the city”) for general contracting work. Relator has completed all work on the construction project and has made demand for payment, but the city has failed and refused to make final payment, a retainage in the amount of $60,000. Relator seeks a writ requiring the city…