This cause is dismissed, sua sponte, as having been improvidently allowed.

The court orders that the court of appeals’ opinion not be published in the Ohio Official Reports, and that it may not be cited as authority except by the parties inter se.

dissenting. Although I agree with the reasons of Justice Brown that a merit decision should be rendered in this cause, I would affirm the judgment of the court of appeals.

dissenting. This case presents significant issues of real property law. The issues presented are not easily resolved under existing law. Thus, it is not appropriate in this case to render a de facto decision by finding the appeal to have been “improvidently allowed.” This case should be decided on the merits. Moreover, I think that the decision reached by the court of appeals should be reversed.