The judgment of the court of appeals is reversed, and the cause is remanded on the authority of Symmes Twp. Bd. of Trustees v. Smyth (2000), 87 Ohio St.3d 549, 721 N.E.2d 1057. Moyer, C.J., Douglas, O’Donnell, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur.
Pfeifer, J., dissents and would affirm the judgment of the court of appeals.
Terrence O’Donnell, J., of the Eighth Appellate District, sitting for Resnick, J.