COOK v. DI DOMENICO

No. 61-132.

135 So.2d 245 (1961)

R.F. COOK, As Director of Dade County Planning, Zoning and Building Departments, the Honorable Joseph A. Boyd, Jr., Ben McGahey, R.A. Fossey, Charles F. Hall, A.C. Kittel, Jr., Arthur H. Patten, Jr., Farris N. Cowart, Alexander Gordon, John B. McLeod, Walter Weiss, Milton Thompson and Robert M. Haverfield, As Members of and Comprising the Board of County Commissioners of Dade County, Florida; and Dade County, Florida, a Political Subdivision of the State of Florida, Appellants, v. Philip J. DI DOMENICO, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied December 20, 1961.


Attorney(s) appearing for the Case

Darrey A. Davis, County Atty., and St. Julien P. Rosemond, Asst. County Atty., Miami, for appellants.

John D. Marsh and Robert King High, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and CARROLL and BARKDULL, JJ.


CARROLL, Judge.

This appeal is from a judgment in mandamus, entered in favor of the relator on his motion for peremptory writ notwithstanding the return. The writ compels issuance of a permit to construct a gasoline service station without the owner being compelled to waive his right to compensation for such improvements in event of a later taking for highway purposes.

The alternative writ alleged that in 1951 the...

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