State Ex Rel. Gray Road Fill, Inc. v. Wray

Tyack, Judge.

On July 12, 1994, Gray Road Fill, Inc. (“Gray”) filed a complaint in mandamus against Jerry Wray, Director of the Ohio Department of Transportation, S.O.S. Construction Industries (“S.O.S.”) and National American Insurance Company (“National”). Gray requested a declaration that it had a valid lien on funds held by the Ohio Department of Transportation (“ODOT”) and an order compelling ODOT to release those funds to Gray. In the alternative, Gray requested judgment against S.O.S. and S.O.S.’s surety, National, for $4,971, the amount of the lien, plus interest.

By way of background,…