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HOWARD JOHNSON, INC., OF FLORIDA v. STATE ROAD DEPARTMENT OF FLORIDA

90 So.2d 306 (1956)

HOWARD JOHNSON, INC., OF FLORIDA, Petitioner, v. STATE ROAD DEPARTMENT OF FLORIDA, an agency of the State of Florida, Respondent.

Supreme Court of Florida. Special Division A.

October 31, 1956.

Attorney(s) appearing for the Case

Hall, Hedrick & Dekle and Dunham & Bennett, St. Augustine, for petitioner.

Bryan W. Henry, Miami, and Frank D. Upchurch, St. Augustine, for respondent.

PER CURIAM.

This is a condemnation proceeding wherein the petitioner herein was defendant in the circuit court. In its answer Howard Johnson, Inc., attempted to create an issue on the necessity for taking. At the threshold we are impelled to observe that this is a type of common law action in which in all probability we would grant "special dispensation" and entertain the petition for certiorari if the answer or those portions of it which were stricken were sufficient...

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