{¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.
Moyer, C.J., Lundberg Stratton, O’Connor and O’Donnell, JJ., concur. Resnick, J., dissents, would reverse, and would order relief pursuant to State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. F.E. Sweeney and Pfeifer, JJ., dissent, would reverse, and would order relief pursuant to State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245.