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CLEVELAND HTS./UNIV. HTS. BD. OF EDN. v. CUYAHOGA CTY. BD. OF REVISION

No. 94-1399.

72 Ohio St.3d 189 (1995)

CLEVELAND HEIGHTS/UNIVERSITY HEIGHTS BOARD OF EDUCATION, APPELLANT, v. CUYAHOGA COUNTY BOARD OF REVISION ET AL.; MAY DEPARTMENT STORES COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided May 17, 1995.

Attorney(s) appearing for the Case

Kolick & Kondzer, Daniel J. Kolick and John P. Desimone, for appellant.

Jones, Day, Reavis & Pogue and Roger F. Day, for appellee.

Per Curiam.

We affirm the BTA's decision.

Initially, appellant raises a procedural issue regarding the propriety of the BTA's admission of the testimony of Johnston, whose name was not disclosed by May prior to the BTA hearing. The school board contends that it was surprised by the witness, that May's counsel had failed to supplement prior information given concerning proposed witnesses for trial, and that Civ.R. 26 and Ohio Adm.Code 5717-1-10 require...

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