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BROWARD COUNTY v. LERER

No. 730.

203 So.2d 672 (1967)

BROWARD COUNTY, a Political Subdivision of the State of Florida and the State Road Department of Florida, a State Agency, Appellants, v. Samuel S. LERER et al., Appellees.

District Court of Appeal of Florida. Fourth District.

November 1, 1967.

Attorney(s) appearing for the Case

John U. Lloyd, County Atty., James L. Amsden and Betty Lynn Lee, Asst. County Attys., Fort Lauderdale, for appellant-Broward County.

P.A. Pacyna, Tallahassee, for appellant-State Road Dept.

Davis W. Duke, Jr., of McCune, Hiaasen, Crum & Ferris, Fort Lauderdale, for appellees-R.V. Jones and Irene Jones.

Mark Maurer, of Maurer, Maurer & Maurer, Fort Lauderdale, and Glasel, Meyer & Leben, Hollywood, for appellees-Lucy Cassano and American Const. & Development Corp.

Phillip Goldman, of Scott, McCarthy, Steel, Hector & Davis, Miami, for appellee-Florida Power & Light Co.

McCAIN, Judge.

This is an appeal by the plaintiffs, Broward County and the State Road Department, from a final decree dismissing with prejudice their amended complaint for declaratory relief against defendants, Samuel S. Lerer et al.

In 1912 the Palm Beach Farms Company recorded Plat No. 3 dividing certain lands into blocks and the blocks into tracts. The plat provided for the use of certain portions of the land as follows:

"1. Reservation for ditch...

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