[This decision has been published in Ohio Official Reports at 94 Ohio St.3d 1249]

ALIHASSAN v. ALLIANCE BOARD OF ZONING APPEALS ET AL., APPELLEES. [Cite as Alihassan v. Alliance Bd. of Zoning Appeals, 2002-Ohio-1364.]

Appeal dismissed as improvidently allowed. (No. 01-238—Submitted February 5, 2002—Decided March 27, 2002.)

APPEAL from the Court of Appeals for Stark County, No. 1999CA00402. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ., concur.

COOK, J., dissents. __________________ COOK, J., dissenting. {¶ 2} Because I would reverse the judgment of the court of appeals and remand the cause for dismissal, I respectfully dissent. __________________ Kahn, Kleinman, Yanowitz & Arnson Co., L.P.A., Sheldon Berns and Benjamin J. Ockner, for appellant.

Andrew L. Zumbar, Alliance Law Director, for appellees Alliance Board of Zoning Appeals, Warren Price, Alliance City Planning Commission, Bob Sanderson, and Ronald L. Russell.

Dennis R. Clunk, for appellee Mount Union College. __________________