[This decision has been published in Ohio Official Reports at 94 Ohio St.3d 1205.]

SUBURBAN LODGES OF AMERICA, INC., APPELLANT, v. COLUMBUS GRAPHICS COMMISSION, APPELLEE. [Cite as Suburban Lodges of Am., Inc. v. Columbus Graphics Comm., 2002-Ohio-70.] Appeal dismissed as improvidently allowed. (No. 00-2140—Submitted November 13, 2001—Decided January 9, 2002.) APPEAL from the Court of Appeals for Franklin County, No. 99AP-1065. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed. MOYER, C.J., RESNICK, F.E. SWEENEY and LUNDBERG STRATTON, JJ., concur. DOUGLAS, J., dissents. PFEIFER and COOK, JJ., dissent. __________________ COOK, J., dissenting. {¶ 2} I respectfully dissent. Instead of dismissing this case as improvidently allowed, I would affirm the judgment of the court of appeals. PFEIFER, J., concurs in the foregoing dissenting opinion. __________________ Squire, Sanders & Dempsey, L.L.P., David J. Young and Greg R. Wehrer, for appellant. Janet Jackson, City Attorney, Daniel W. Drake, Chief Counsel, and Deborah F. Hoffman, Assistant City Attorney, for appellee. Altick & Corwin Co., L.P.A., Stephen M. McHugh, Matthew D. Stokely and Matthew R. Steinke, urging affirmance for amicus curiae, American Planning Association. __________________