Berger v. Port Clinton

1994 Ohio 429

• Court: Ohio Supreme Court
• Decided: December 26, 1994
• Docket: 1993-1399
• Status: Published

Opinion

OPINIONS OF THE SUPREME COURT OF OHIO

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Berger et al., Appellants and Cross-Appellees, v. City of Port Clinton, Appellee and Cross-Appellant. [Cite as Berger v. Port Clinton (1994), Ohio St.3d .] Appeal and cross-appeal dismissed as improvidently allowed. (No. 93-1399 -- Submitted October 12, 1994 -- Decided December 27, 1994.) Appeal and Cross-Appeal from the Court of Appeals for Ottawa County, No. 92-OT-037.

Spitler & Williams-Young Co., L.P.A., Steven M. Spitler, Marc G. Williams-Young and Debra M. Jennings, for appellants and cross-appellees. Flynn, Py & Kruse, L.P.A., and John A. Coppeler, for appellee and cross-appellant.

This cause is dismissed, sua sponte, as having been improvidently allowed. A.W. Sweeney, Douglas, Wright, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. Moyer, C.J., dissents. Moyer, C.J., dissenting. I dissent. I would affirm the well-reasoned decision of the court of appeals.