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BURGER v. CITY OF CLEVELAND HTS.

No. 97-1870.

87 Ohio St.3d 188 (1999)

BURGER, APPELLEE, v. CITY OF CLEVELAND HEIGHTS, APPELLANT, ET AL.

Supreme Court of Ohio.

Resubmitted August 25, 1999.

Decided November 17, 1999.

Attorney(s) appearing for the Case

Javitch, Block, Eisen & Rathbone and Michael D. Linn, for appellee.

John H. Gibbon, Director of Law, and Laure A. Wagner, First Assistant Director of Law, for appellant.

McDonald, Hopkins, Burke & Haber Co., L.P.A., and Thomas C. Schrader, for Payto Architects, Inc.

McCarthy, Palmer, Volkema, Boyd & Thomas and Michael S. Miller, urging affirmance for amicus curiae Ohio Academy of Trial Lawyers.

Walter & Haverfield, P.L.L., and R. Todd Hunt, urging reversal for amici curiae Ohio Township Association and Cuyahoga County Law Directors Association.

John E. Gotherman and Malcolm C. Douglas, urging reversal for amici curiae Ohio Municipal League, Ohio Municipal Attorneys Association, and County Commissioners Association of Ohio.

The judgment of the court of appeals dismissing the appeal for lack of a final appealable order is affirmed on the authority of State ex rel. Ohio Academy of Trial Lawyers v. Sheward (1999), 86 Ohio St.3d 451, 715 N.E.2d 1062.

DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

DOUGLAS and RESNICK, JJ., concur separately.

MOYER, C.J., COOK and LUNDBERG...

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