As readers of this blog know, in 770 West Broad AGA v. Zurz, 2011-Ohio-832, ¶ 25 (2011), the Tenth District Court of Appeals “decline[d] ... to address [770 West Broad’s] additional arguments regarding the constitutionality of Ohio’s prevailing wage statutes....”  770 West Broad appealed to the Ohio Supreme Court and asked the Court to determine whether the Prevailing Wage Law is constitutional and, even it is, whether that law applies to an office building that was renovated with private money. 

In a 5-2 decision issued on June 22, 2011, the Ohio Supreme Court declined to hear the appeal involving the constitutionality of the Prevailing Wage Law, and dismissed the appeal “as not involving any substantial constitutional question.” Justices Stratton and Lanzinger dissented.