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