Ohio Supreme Court, 1994

Reed v. City of Miamisburg

Reed v. City of Miamisburg
Ohio Supreme Court · Decided December 30, 1994 · Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright
71 Ohio St. 3d 1213; 644 N.E.2d 405

Reed v. City of Miamisburg

Opinion of the Court

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

Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick and F.E. Sweeney, JJ., concur. Pfeifer, J., dissents.

Dissenting Opinion

Pfeifer, J.,

dissenting. I would not have dismissed this case as having been improvidently allowed, but would have heard the case on its merits. I would then have applied to this case my analysis of sovereign immunity as discussed in my concurrence in Garrett v. Sandusky (1994), 68 Ohio St.3d 139, 141, 624 N.E.2d 704, 706.

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