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STATE EX REL. ERVIN v. JACKSONVILLE EXPRESSWAY AUTHORITY

No. 31373.

139 So.2d 135 (1962)

STATE ex rel. Richard W. ERVIN, Attorney General, Relator, v. JACKSONVILLE EXPRESSWAY AUTHORITY, a Body Politic and Corporate and Agency of the State of Florida, and Roger L. Main, Fletcher Morgan, Frederick H. Schultz, Walter C. Cowart, and Ralph Powers, As and Constituting the Governing Body of Said Authority, Respondent.

Supreme Court of Florida.

March 21, 1962.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., and Edward S. Jaffry, Asst. Atty. Gen., for relator.

William D. Jones, Jr., and David W. Foerster of Jones & Foerster, Jacksonville, for respondent.

THORNAL, Justice.

The Attorney General has filed an original information in quo warranto to test the power of the respondent Jacksonville Expressway Authority to condemn certain types of easements.

We must decide whether the respondent has the power to condemn an easement through the air for the construction of elevated sections of the Jacksonville Expressway System.

On September 13, 1961, the Jacksonville...

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