State ex rel. Mileff v. Mifflin Township , 49 Ohio St. 3d 269 ( 1990 )

Per Curiam.

The decision of the court of appeals is reversed on the authority of State, ex rel. Temke, v. Outcalt (1977), 49 Ohio St. 2d 189, 3 O.O. 3d 248, 360 N.E. 2d 701. The matter is remanded to the court of appeals with instructions to allow appellants to file an answer per Civ. R. 12(A)(2)(a) and to conduct further proceedings consistent therewith.

Judgment reversed and cause remanded.

Moyer, C.J., Sweeney, Holmes, Wright, H. Brown and Resnick, JJ., concur. Douglas, J., dissents.