MOSCHETTI v. CITY OF TUCSON

No. 2 CA-CIV 552.

9 Ariz. App. 108 (1969)

449 P.2d 945

Henry L. MOSCHETTI, Appellant, v. The CITY OF TUCSON, a municipal corporation, Appellee.

Court of Appeals of Arizona.

Rehearing Denied March 12, 1969.

Review Denied April 15, 1969.


Attorney(s) appearing for the Case

Dunseath, Stubbs & Burch, by Robert C. Stubbs, Tucson, for appellant.

Dino DeConcini, City Atty., Tucson, Stanley G. Feldman, Tucson, Special Counsel for City of Tucson, and James C. Carruth, Tucson, for appellee.


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.

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