Guy H. James Construction Co. v. State ex rel. Oklahoma Department Of Transportation

WILSON, Judge:

Appellee, Guy James Construction Co., brought this action for declaratory relief to determine the constitutionality of Title 61 O.S.1971, § 16.1 Specifically, Guy James challenged actions taken in accordance with this statute by the appellant, The Oklahoma Department of Transportation. After a hearing on a motion for summary judgment, the trial court held the statute unconstitutional for lack of due process. The question presented on appeal is whether a statute authorizing a state agency to withhold money due on contract accords with due process when the withholding is triggered…