Opinion
2005-1361.
October 5, 2005.
Montgomery App. No. 20664, 161 Ohio App.3d 559, 2005-Ohio-2862.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 4 of the court of appeals' Decision and Entry filed July 20, 2005:
"Is the doctrine of promissory estoppel applicable against a political subdivision of the State of Ohio when the political subdivision is engaged in a governmental function?"
The conflict cases are Dehlendorf Co. v. Jefferson Twp., Franklin App. No. 02AP-334, 2003-Ohio-1641, and Petitti v. Plain Twp. Bd. of Zoning Appeals, Stark App. No. 2003CA179, 2003-Ohio-6849.
Sua sponte, cause consolidated with 2005-1351, Hortman v. Miamisburg, Montgomery App. No. 20664, 161 Ohio App.3d 559, 2005-Ohio-2862.
PFEIFER and LANZINGER, JJ., dissent.