Franklin App. No. 08AP-1032, 2009-Ohio-3483. Discretionary appeal not accepted.
Lundberg Stratton and Lanzinger, JJ., dissent and would accept the appeal. Discretionary cross-appeal accepted on Proposition of Law No. II.Lundberg Stratton, Lanzinger, and Cupp, JJ., would also accept the cross-appeal on Proposition of Law No. I.Pfeifer, O’Connor, and O’Donnell, JJ., dissent and would not accept the cross-appeal.
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