Opinion
No. 90-2264
Submitted July 31, 1991 —
Decided August 27, 1991.
APPEAL and CROSS-APPEAL from the Court of Appeals for Montgomery County, No. 11745.
McCarthy, Palmer, Volkema Becker, Dennis M. McCarthy and William C. Becker; Hochman Roach and James B. Hochman, for appellants and cross-appellees.
William H. Anderson and John C. Greiner, for appellee and cross-appellant.
The judgment of the court of appeals dismissing on the jurisdictional issue (see [1990], 56 Ohio App.3d 79, 564 N.E.2d 1135) is reversed and the cause is remanded to the trial court; the judgment of the court of appeals on the constitutional issue is affirmed for the reasons stated in Brady v. Safety-Kleen Corp. (1991), 61 Ohio St.3d 624, 576 N.E.2d 722.
MOYER, C.J., SWEENEY, DOUGLAS, H. BROWN and RESNICK, JJ., concur.
HOLMES and WRIGHT, JJ., dissent.