AM. FINANCIAL SERVS. ASSN. v. TOLEDO, 112 Ohio St.3d 323 (2006)

2006-Ohio-6569, 859 N.E.2d 923

AMERICAN FINANCIAL SERVICES ASSOCIATION ET AL., APPELLANTS, v. CITY OF TOLEDO, APPELLEE.

Nos. 2005-1240 and 2005-1241Supreme Court of Ohio.Submitted December 13, 2006.
Decided December 20, 2006.

APPEAL from and CERTIFIED by the Court of Appeals for Lucas County, No. L-04-1214, 161 Ohio App.3d 477, 2005-Ohio-2943.

{¶ 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.

Vorys, Sater, Seymour Pease, L.L.P., John Winship Read, and John J. Kulewicz, for appellant American Financial Services Association.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, and Sharon A. Jennings and Holly J. Hunt, Assistant Attorneys General, for appellant Attorney General.

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