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.