from the Franklin County Court of Common Pleas C.P.C. No.
Peterson, Conners, Swisher & Peer LLP, Gregory S.
Peterson and Istvan Gajary, for appellant Swan Super
O'Brien, Prosecuting Attorney, and Nick A. Soulas, Jr.,
for appellees Franklin County Commissioners, Commissioner
John O'Grady, Commissioner Marilyn Brown and Commissioner
Barwell, LLC, Gregory P. Barwell, Quinn M. Schmiege and Jud
R. Mauger, for appellee Pelican (Dale) Cleaners.
Gregory S. Peterson.
A. Soulas, Jr.
Gregory P. Barwell.
1} Plaintiff-appellant, Swan Super Cleaners, Inc.
("Swan Cleaners"), appeals from the decision of the
Franklin County Court of Common Pleas holding Swan
Cleaners' discovery motions moot, granting summary
judgment for defendant-appellee, Franklin County Board of
Commissioners ("Board"), and granting summary
judgment for defendant-appellee, Pelican Cleaners d.b.a. Dale
Cleaners ("Dale Cleaners"). For the following
reasons, we affirm the decision of the trial court.
Facts and Case History
2} The Franklin County Board of Commissioners,
Commissioner John O'Grady, Commissioner Paula Brooks, and
Commissioner Marilyn Brown, posted an invitation to bid on a
contract to provide cleaning services for the Franklin County
Sheriffs Department. The deadline for the bid was May 12,
2016. Swan Cleaners and Dale Cleaners submitted the only two
bids. The Board determined that Dale Cleaners was the lowest
and best bid and awarded the contract on July 5, 2016. The
contract stated that cleaning services were to begin on
August 1, 2016.
3} On May 17, 2016, Swan Cleaners wrote a letter
indicating that they suspected Dale Cleaners was using what
they believed was an improper laundering method other than
dry cleaning in fulfilling the previous version of the
contract and that Dale Cleaners should be disqualified from
bidding. The inference from the letter was that Dale Cleaners
would continue to use improper methods on the contract being
bid on. Swan Cleaners then filed the original lawsuit
complaint on June 30, 2016. The Board was the only defendant
named in the complaint. On July 1, 2016, Swan Cleaners'
motion for a temporary restraining order pursuant to Civ.R.
65 was denied. The contract was awarded four days later on
July 5, 2016.
4} The lawsuit was referred to a magistrate for a
preliminary injunction hearing to be held on July 18, 2016
after the contract had been awarded, but prior to the
anticipated implementation of the contract on August 1, 2016.
However, the hearing ...