Stores Realty Co. v. City of Cleveland

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 of the Zoning Board of Appeals, at an administrative hearing, “refused permission to have any of the witnesses sworn, and allowed unidentified statements, apparently from the audience attending the hearing, to…