CITY OF AKRON v. HOLLAND OIL CO.

No. 2002-1678.

102 Ohio St.3d 1228 (2004)

2004-Ohio-2834

City of Akron, Appellant, v. Holland Oil Company, Appellee.

Supreme Court of Ohio.

Decided June 16, 2004.


Attorney(s) appearing for the Case

Max Rothal, Director of Law, Douglas J. Powley, Chief City Prosecutor, and Gerald K. Larson, Assistant City Prosecutor, for appellant.

Brouse McDowell, Clair E. Dickinson, Akron, and Joseph T. Dattilo, Cleveland, for appellee.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, Stephen P. Carney, Senior Deputy Solicitor, and Patricia E. Snyder, Deputy Solicitor, urging reversal for amicus curiae Attorney General.

Law Offices of J. Richard Lumpe, J. Richard Lumpe and David A. Raber, Columbus, urging affirmance for amici curiae Ohio Convenience Store Association, Ohio Council of Retail Merchants, Ohio Groceries Association, and the Wholesale Beer & Wine Association of Ohio.


{¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted.

Moyer, C.J., Resnick, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.

F.E. Sweeney, and Pfeifer, JJ., dissent.

Pfeifer, J., dissenting.

{¶ 2} This case should be decided on the merits.

{¶ 3} On December 18, 2000, an underage informant of the Akron Police Department conducted a controlled...

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