Opinion

City of Cleveland v. City of Fairview Park

  • 46 Ohio App. 3d 29
  • 545 N.E.2d 1287
  • 1988 Ohio App. LEXIS 151
Court
Ohio Court of Appeals
Filed
Feb 1, 1988
Status
Published
Author
Corrigan
On the bench
Dyke, Corrigan, Pryatel
Cited by
27 cases
Authority
More cited than 42.7%

failure to assert the right to cross-examine affiants

How later courts described this case

  • failure to assert the right to cross-examine affiants
  • “[I]f a party does not object to alleged errors ... at an administrative hearing, he waives his right to raise those errors on appeal.”

Written by the judges who cited it.

The opinion

Corrigan, J.,

concurring. I concur with the holding herein that the injunction issued by this court stayed the order below and thus rendered the action of the Council of the city of Fair-view Park void. Further, I agree that

*39

this matter must be remanded for a hearing in which appellant may cross-examine the witnesses and it is my opinion that all the interested parties may offer new or additional evidence.

Dudukovich

v.

Housing Authority

(1979), 58 Ohio St. 2d 202, 206-207 , 12 O.O. 3d 198, 201-202, 389 N.E. 2d 1113, 1116-1117 ;

Cahill

v.

Dayton Bd. of Zoning Appeals

(1986), 30 Ohio App. 3d 236, 237 , 30 OBR 394, 395, 507 N.E. 2d 411, 413 (both construing R.C. 2506.03).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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