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BARROW v. NEW MIAMI

No. 2021-0151.

186 N.E.3d 809 (2022)

166 Ohio St.3d 423

2022-Ohio-423

BARROW et al., Appellants, v. Village of NEW MIAMI, Appellee.

Supreme Court of Ohio.

Decided February 16, 2022.

Attorney(s) appearing for the Case

Markovits, Stock & DeMarco, L.L.C., and Paul M. DeMarco ; Engel & Martin, L.L.C., and Joshua A. Engel ; Rittgers & Rittgers and Charles H. Rittgers ; Lebanon, Michael K. Allen & Associates, L.L.C., and Michael K. Allen ; Cincinnati, and Ehlert Hicks, L.L.P., and Allison Ehlert , for appellants, Doreen Barrow et al.

Rendigs, Fry, Kiely & Dennis, L.L.P., James J. Englert , Felix J. Gora , Cincinnati, and Anthony G. Raluy , for appellee.

Barbara J. Doseck , Dayton Director of Law, and John C. Musto , Dayton, Chief Trial Counsel; and Dale R. Emch , Toledo Director of Law, Jeffrey B. Charles , Chief of Litigation, and John T. Madigan , Senior Attorney, urging dismissal or affirmance for amici curiae cities of Dayton and Toledo.

{¶ 1} This cause is dismissed as having been improvidently accepted.

O'Connor, C.J., and Kennedy, Fischer, and Stewart, JJ., concur.

DeWine, J., dissents, with an opinion joined by Donnelly and Brunner, JJ.

{¶ 2} I dissent from the majority's decision to dismiss...

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