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CLOUSE v. MARION COUNTY

No. K-242.

214 So.2d 364 (1968)

Raymond A. CLOUSE and His Wife, Inez R. Clouse, Petitioners, v. MARION COUNTY, a Political Subdivision of the State of Florida, Respondent.

District Court of Appeal of Florida. First District.

September 26, 1968.

Attorney(s) appearing for the Case

Milbrath & Walkup, Ocala, for petitioners.

Willard Ayres, Ocala, for respondent.

JOHNSON, Judge.

This is a petition for writ of certiorari to review an Order of Taking of certain property in Marion County, Florida for a borrow pit and haul road to be used in construction of a state road.

The owner of the property contested the right of the condemning authority to take a "fee simple title" instead of merely taking an easement for the borrow pit and haul road.

At the hearing on the petition for Order of Taking, the County as the...

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