{¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.
Moyer, C.J., Resnick, Pfeifer, Cook, Lundberg Stratton and O’Connor, JJ., concur. F.E. Sweeney, J., dissents. .Tim Petro, Attorney General, and Thomas L. Reitz, Assistant Attorney General, for appellee.