Ohio Supreme Court May 9, 1990, No. 88-1940 (Stepak v. Schey)

H. Brown, J.,

dissenting. The majority construes the complaint as “merely asking for more money” and finds that it must be brought in an R.C. 1701.85 appraisal proceeding. That construction ignores the allegations in the complaint before us, which charge self-dealing and breach of fiduciary duty.