Kokosing Construction Co. v. Dixon

Grady, Judge.

Plaintiff-Appellant, Kokosing Construction Co. (Kokosing), appeals the trial court’s decision denying it injunctive relief and ordering the city of Dayton to execute a construction contract with Shook, Inc. (Shook). The trial court found that Dayton acted within its discretion in rejecting Kokosing’s bid, but abused its discretion in rejecting Shook’s bid as nonresponsive as its affirmative-action statement was not signed. The court characterized this omission a “clerical oversight” that gave Shook no competitive advantage in the bidding process.

Kokosing appeals this decision,…