MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals' Journal Entry filed May 5, 2005:
"Does the availability of injunctive relief, if timely filed but denied, preclude an award of lost profits in a municipal contract case?"
RESNICK, J., dissents.
The conflict cases are Cavanaugh Bld. Corp. v. Bd. of Cuyahoga Cty. Commrs. (Jan. 27, 2000), 8th Dist. No. 75607, 2000 WL 86554, and Hardrives Paving Constr., Inc. v. Niles (1994), 99 Ohio App.3d 243, 650 N.E.2d 482.
Sua sponte, cause consolidated with 2005-0970, Cementech, Inc. v. Fairlawn, Summit App. No. 22309, 160 Ohio App.3d 450, 2005-Ohio-1709, 827 N.E.2d 819.