Roach v. Newton Redevelopment Authority

Pursuant to G. L. c. 79, § 22, this eminent domain case was tried twice in the Superior Court, first before a judge without a jury (the first judge) and second before a judge and a jury. The dominant issue at both trials was whether there was a reasonable probability at the times of the takings that the land would soon be rezoned from single family residential use to commercial or business use. The first judge admitted evidence that after the takings the defendant Authority had obtained such a zoning change. *136The second judge excluded such evidence, and instructed the jury not to consider any…