Moschetti v. City of Tucson

MOLLOY, Chief Judge.

The critical issue in this eminent domain proceeding is whether the trial judge properly refused to permit expert testimony offered by the owner of residential property bordering on a major urban artery concerning the probability of a future rezoning of the land to include commercial uses, and the effect of the prospect of such a rezoning on the market value of the land at the time of taking.

Appellant owns two adjacent lots, irregularly shaped, each having 177 feet of frontage on the south side of Broadway Boulevard in the City of Tucson. There is a house on one lot; the…