Pioneer Asphalt v. Cleveland

PATTON, C.J.,

This is an appeal from the granting of summary judgment in favor of a materialman on a public project against the public authority to recover for materials supplied, under the mechanic's lien provisions of Sections 1311.26-1311.32 of the Ohio Revised Code. The materialman, Pioneer Asphalt & Aggregate Sales, Inc., the plaintiff-appellee ("Pioneer") herein brought an action that, inter alia, sought to enforce a mechanic's lien against funds held by the City of Cleveland, the defendant-appellant herein ("the City"). The trial court granted summary judgment against the City in the…