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HANCOCK v. PIPER

No. 68-138.

219 So.2d 746 (1969)

A.C. HANCOCK, Lester Whitaker, B.M. Sentell, Ewell Moore, and Clifford Wenzel, Jr., As and Constituting the Board of County Commissioners of Collier County, Florida, a Political Subdivision of the State of Florida, Appellants, v. Wilford J. PIPER and Alida Piper, Husband and Wife; and Lester T. Piper and Lucille Piper, Husband and Wife, Appellees.

District Court of Appeal of Florida. Second District.

March 7, 1969.

Attorney(s) appearing for the Case

James R. Adams, Naples, for appellants.

George T. Swartz and Richard D. DeBoest of Allen, Knudsen, Swartz, Richardson & DeBoest, Fort Myers, for appellees.

LILES, Chief Judge.

On September 22, 1955, the appellees plaintiffs in the trial court, received a letter from the Honorable Ed Scott, Clerk of the Court in and for Collier County, advising appellees that the County intended to construct State Road No. S-846 in Collier County. Contained in this letter was a request for the plaintiffs to convey to the County a 100 foot right-of-way through their property for the purpose of constructing an 80 foot shallow canal beside...

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