*98The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.
Moyer, C.J., Resnick, Pfeifer and Lundberg Stratton, JJ., concur. Douglas, J., dissents and would order relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. F.E. Sweeney, J., dissents. Cook, J., dissents and would deny the writ.