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NASHVILLE HOUSING AUTHORITY v. COHEN

541 S.W.2d 947 (1976)

NASHVILLE HOUSING AUTHORITY, Petitioner, v. Freda COHEN, Respondent.

Supreme Court of Tennessee.

October 12, 1976.

Attorney(s) appearing for the Case

Joseph L. Lackey, Jr., Lackey, Alexander & Jackson, Nashville, for petitioner.

J. Granville Clark, Russellville, Ky., Harold Seligman, Nashville, for respondent.

OPINION

BROCK, Justice.

I

This is a condemnation case. The question presented is whether or not the trial judge erred in refusing to charge the jury that, in determining the fair market value of the property, they should consider the effect, if any, of potential rezoning of the property; provided, they should first find that rezoning was a "reasonable probability."

The trial judge refused a request for special instruction to this effect...

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