The cause is dismissed, sua sponte, as having been improvidently allowed. Moyer, C.J., Resnick, F.E. Sweeney and Lundberg Stratton, JJ., concur. Douglas, J., dissents.
Pfeifer and Cook, JJ., dissent.
No cited authorities resolved to law.co cases yet.
The cause is dismissed, sua sponte, as having been improvidently allowed. Moyer, C.J., Resnick, F.E. Sweeney and Lundberg Stratton, JJ., concur. Douglas, J., dissents.
Pfeifer and Cook, JJ., dissent.
Cook, J.,
dissenting. I respectfully dissent. Instead of dismissing this case as improvidently allowed, I would affirm the judgment of the court’ of appeals. Pfeifer, J., concurs in the foregoing dissenting opinion.
Janet Jackson, City Attorney, Daniel W. Drake, Chief Counsel, and Deborah F. Hoffman, Assistant City Attorney, for appellee. Altick & Corwin Co., L.P.A., Stephen M. McHugh, Matthew D. Stokely and Matthew R. Steinke, urging affirmance for amicus curiae, American Planning Association.