
    97-581.
    State ex rel. Nelson v. Lake Cty. Court of Common Pleas.
   In Procedendo. On motion to dismiss. Motion to dismiss overruled, writ granted, and the court is ordered to proceed.

Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Moyer, C.J., and Cook, J., dissent.

Lundberg Stratton, J., dissents, would grant respondent’s Civ.R. 12(B)(6) motion and dismiss the cause.  