Roach v. Newton Redevelopment Authority

Following takings of his land by the defendant on May 13, 1969, and December 15, 1970,1 the plaintiff filed petitions for assessment of damages. G. L. c. 79, § 14. The petitions were tried to a Superior Court judge without a jury and thereafter before a Superior Court judge with a jury.2 G. L. c. 79, § 22, appearing in St. 1973, c. 983, § 1. At both trials, the dominant issue *620concerned the probability that a private developer could obtain rezoning of the property from residential to commercial use. The plaintiff’s proof at both proceedings was determined sufficient to permit the fact finder…