A & M Builders, Inc. v. City of Highland Heights (89 Ohio St. 3d 279, 2000)

The judgment of the court of appeals is reversed.

The cause is remanded for application of Home Builders Assn. of Dayton & the Miami Valley v. Beavercreek (2000), 89 Ohio St.3d 121, 729 N.E.2d 349.

Moyer, C.J., Douglas, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur.

Resnick and Pfeifer, JJ., dissent and would affirm the judgment of the court of appeals.