Reed v. Miamisburg , 1994 Ohio 166 ( 1994 )

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Reed et al., Appellants, v. City of Miamisburg, Appellee.
[Cite as Reed v. Miamisburg (1994), Ohio St.3d .]
Appeal dismissed as improvidently allowed.
(No. 93-1910 -- Submitted November 29, 1994 -- Decided
December 30, 1994.)
Appeal from the Court of Appeals for Montgomery County,
No. 13446.
Susco, Hecht & Derose Co., L.P.A., and David P. Hecht, for
appellants.
Jenks, Surdky & Cowdrey Co., L.P.A., Robert F. Cowdrey and
Arden Lynn Achenberg, for appellee.
The cause is dismissed, sua sponte, as having been
improvidently allowed.
Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick and
F.E. Sweeney, JJ., concur.
Pfeifer, J., dissents.
Pfeifer, J., dissenting. I would not have dismissed this
case as having been improvidently allowed, but would have heard
the case on its merits. I would then have applied to this case
my analysis of sovereign immunity as discussed in my
concurrence in Garrett v. Sandusky (1994), 68 Ohio St.3d 139,
141, 624 N.E.2d 704, 706.