WHITE v. PINELLAS COUNTY

No. 4892.

174 So.2d 88 (1965)

Allen T. WHITE et ux., Appellants, v. PINELLAS COUNTY, Florida, etc., Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied April 29, 1965.


Attorney(s) appearing for the Case

Joseph S. Rodriguez, St. Petersburg, for appellants.

Page S. Jackson, County Atty., and Julian R. Howay, Asst. County Atty., Clearwater, for appellee.


ALLEN, Acting Chief Judge.

Appellants, plaintiffs below, appeal an adverse summary judgment on their claim for damages allegedly occasioned by appellee's agents having cut down and removed vegetation from appellants' land during maintenance operations on an adjacent right-of-way. In three counts, appellants' complaint sought recovery upon a theory of a trespass amounting to a constitutionally proscribed "taking" and, alternatively...

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