Department of Public Works & Buildings v. Association of Franciscan Fathers

SUPPLEMENTAL OPINION UPON DENIAL OF REHEARING

In its petition for rehearing, the petitioner contends (1) that the trial court erred in finding a reasonable probability of rezoning to a commercial or office use; (2) that this court erred in ruling that the jury should have been instructed as to the reasonable probability of rezoning because such an instruction would only serve to single out one portion of the evidence; (3) that the jury was required to find a reasonable certainty that the property was adaptable for the proposed use and that the test of reasonable probability is only the…