American Financial Services Ass'n v. City of Toledo

{¶ 1} The certified question is answered in the affirmative, the judgment of the court of appeals is reversed on the authority of Am. Financial Servs. Assn. v. Cleveland, 112 Ohio St.3d 170, 2006-Ohio-6043, 858 N.E.2d 776, and the judgment of the trial court is reinstated.

Moyer, C.J., Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Resnick and Pfeifer, JJ., dissent for the reasons stated in their dissenting opinions in Am. Financial Servs. Assn. v. Cleveland, 112 Ohio St.3d 170, 2006-Ohio-6043, 858 N.E.2d 776.