Arcaro Bros. Builders, Inc. v. Zoning Board of Appeals

The chairman of the Zoning Board of Appeals refused permission to have any of the witnesses sworn, and allowed unidentified statements, apparently from the audience attending the hearing, to be recorded in the transcript.

Section 2319.01, Revised Code, provides:

‘ ‘ The testimony of witnesses may be taken:

“(A) By affidavit;

“(B) By deposition;

“(C) By oral examination.”

Section 2319.02, Revised Code, provides:

“An affidavit is a written declaration under oath, made without notice to the adverse party. A deposition is a written declaration under oath, made upon notice to the adverse party. Oral…