STORES REALTY CO. v. CLEVELAND

No. 74-112.

41 Ohio St. 2d 41 (1975)

STORES REALTY CO., APPELLEE, v. CITY OF CLEVELAND, BD. OF BUILDING STANDARDS AND BUILDING APPEALS, APPELLANT.

Supreme Court of Ohio.

Decided January 29, 1975.


Attorney(s) appearing for the Case

Messrs. Kahn, Kleinman, Yanowitz & Arnson and Mr. Gary D. Greenwald, for appellee.

Mr. Herbert R. Whiting, director of law, and Mr. Emmanuel E. Dickerson, for appellant.


STERN, J.

The issue presented is whether unsworn testimony is competent evidence, where the opposing party is represented by counsel who neither requests that the witness be sworn nor objects to the testimony.

The Court of Appeals relied upon this court's per curiam opinion in Arcaro Bros. Builders v. Zoning Board of Appeals (1966), 7 Ohio St.2d 32, 218 N.E.2d 179. In that case, the chairman...

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