State ex rel. Buttolph v. Gen. Motors Corp., Terex Div.

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GOLDBERG COMPANIES, INC., TRUSTEE, APPELLANT, V. COUNCIL OF THE CITY OF RICHMOND HEIGHTS, APPELLEE. [Cite as Goldberg Cos., Inc. v. Richmond Hts. City Council (1997), ___ Ohio St.3d ___.] Appeal dismissed as improvidently allowed. (No. 96-84 -- Submitted April 16, 1997 -- Decided June 18, 1997.) APPEAL from the Court of Appeals for Cuyahoga County, Nos. 68291 and 68292. __________ Kahn, Kleinman, Yanowitz & Arnson Co., L.P.A., Sheldon Berns and Benjamin J. Ockner, for appellant. R. Todd Hunt, Director of Law; Walter & Haverfield, P.L.L., and Frederick W. Whatley, for appellee. John E. Gotherman and Malcolm C. Douglas, urging affirmance for amici curiae, Ohio Municipal League and Ohio Municipal Attorneys Association. Terrence L. Brennan, urging affirmance for amicus curiae, Cuyahoga County Law Directors Association. __________ The appeal 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 and would reverse the judgment of the court of appeals. 2

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