The judgment of the court of appeals is affirmed; the cause is now moot.
Moyer, C.J., Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. *280Cook and Lundberg Stratton, JJ., dissent.The judgment of the court of appeals is affirmed; the cause is now moot.
Moyer, C.J., Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. *280Cook and Lundberg Stratton, JJ., dissent.