Several Ohio courts have found error in such a consolidation absent a formal consolidation order prior to the hearing or some other form of notice that the trial court intends to proceed to the merits at the hearing. See id. at ¶ 10, citing Turoff v. Stefanac, 16 Ohio App.3d 227, 475 N.E.2d 189 (8th Dist.1984); Gionino's Pizzeria Inc. v. Reynolds, 7th Dist. Carroll No. 20 CA 0940, 2021-Ohio-1289, ¶ 44. This aligns with the U.S. Supreme Court's interpretation of the near-identical federal rule and its relationship to due process.

Civ.R. 65(B)(2) provides that either before or after the commencement of the hearing on the motion for a preliminary injunction, the trial court may order that the trial of the action on the merits be advanced and consolidated with the hearing. While a trial court is required to notify the parties of its intent to consolidate the matters, Turoff v. Stefanac (1984), 16 Ohio App.3d 227, 228-229, a court's failure to so inform the parties is not reversible error where neither party objects to the consolidation and the parties were fully prepared to proceed on the merits. Strah v. Lake Cty. Humane Soc. (1993), 90 Ohio App.3d 822, 835.

Before the trial court may order such consolidation or resolve the case on its merits, the trial court must give notice to the parties of its intent to consolidate the matters. Turoff v. Stefanac (1984), 16 Ohio App.3d 227, 228-229. We first note that the record does not contain any indication that either party or the trial court sought to consolidate the hearing on the motion for a preliminary injunction with a hearing on the merits of the Township's claim.