Cyrus v. Henes
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OPINIONS OF THE SUPREME COURT OF OHIO The full texts of the opinions of the Supreme Court of Ohio are being transmitted electronically beginning May 27, 1992, pursuant to a pilot project implemented by Chief Justice Thomas J. Moyer. Please call any errors to the attention of the Reporter's Office of the Supreme Court of Ohio. Attention: Walter S. Kobalka, Reporter, or Deborah J. Barrett, Administrative Assistant. Tel.: (614) 466-4961; in Ohio 1-800-826-9010. Your comments on this pilot project are also welcome. NOTE: Corrections may be made by the Supreme Court to the full texts of the opinions after they have been released electronically to the public. The reader is therefore advised to check the bound volumes of Ohio St.3d published by West Publishing Company for the final versions of these opinions. The advance sheets to Ohio St.3d will also contain the volume and page numbers where the opinions will be found in the bound volumes of the Ohio Official Reports. Cyrus, Appellant, v. Henes; Westinghouse Electric Corporation et al., Appellees. [Cite as Cyrus v. Henes (1994), Ohio St.3d .] Statutes of repose -- Elements considered in determining whether an item is an "improvement" to real property under R.C. 2305.131 -- R.C. 2305.131 is unconstitutional. (No. 93-2066 -- Submitted October 12, 1994 -- Decided November 9, 1994.) Appeal from the Court of Appeals for Lorain County, No. 92CA005527. Nurenberg, Plevin, Heller & McCarthy Co., L.P.A., Thomas Mester, Joel Levin, James T. Schumacher and Sandra J. Rosenthal, for appellant. Ogne, Alberts & Stuart, P.C., Wayne L. Ogne, Bryan Cermak and Michael A. Ross, for appellees. The judgment of the court of appeals is reversed and the cause is remanded to the trial court on the authority of Brennaman v. R.M.I. Co. (1994), 70 Ohio St.3d 460, N.E.2d . Moyer, C.J., A.W. Sweeney, Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. Wright, J., dissents for the reasons stated in the Chief Justice's opinion concurring in part and dissenting in part in Brennaman v. R.M.I. Co. (1994), 70 Ohio St.3d 460, N.E.2d .
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