2005-Ohio-5146, 835 N.E.2d 380

Hortman v. Miamisburg.

2005-1361.Supreme Court of Ohio.
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

Page 1530

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.