Nashville Housing Authority v. Cohen

OPINION

BROCK, Justice.

I

This is a condemnation case. The question presented is whether or not the trial judge erred in refusing to charge the jury that, in determining the fair market value of the property, they should consider the effect, if any, of potential rezoning of the property; provided, they should first find that rezoning was a “reasonable probability.”

The trial judge refused a request for special instruction to this effect submitted by the condemnee-respondent, Freda Cohen. The Court of Appeals, in an opinion by Drowota, J., held unanimously that failure to so instruct the jury upon…