Berger v. Port Clinton

State: Ohio

Docket No: 1993-1399

Case Date: 12/27/1994

Plaintiff: Berger

Defendant: Port Clinton

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Berger et al., Appellants and Cross-Appellees, v. City of Port
Clinton, Appellee and Cross-Appellant.
[Cite as Berger v. Port Clinton (1994), Ohio St.3d .]
Appeal and cross-appeal dismissed as improvidently allowed.

(No. 93-1399 -- Submitted October 12, 1994 -- Decided
December 27, 1994.)

Appeal and Cross-Appeal from the Court of Appeals for
Ottawa County, No. 92-OT-037.

Spitler & Williams-Young Co., L.P.A., Steven M. Spitler,
Marc G. Williams-Young and Debra M. Jennings, for appellants and
cross-appellees.

Flynn, Py & Kruse, L.P.A., and John A. Coppeler, for
appellee and cross-appellant.

This cause is dismissed, sua sponte, as having been
improvidently allowed.

A.W. Sweeney, Douglas, Wright, Resnick, F.E. Sweeney and
Pfeifer, JJ., concur.

Moyer, C.J., dissents.

Moyer, C.J., dissenting. I dissent. I would affirm the

well-reasoned decision of the court of appeals.

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