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TOWN OF PALM BEACH v. CITY OF PALM BEACH

No. 69-509.

239 So.2d 835 (1970)

TOWN OF PALM BEACH, a Florida Municipality, Petitioner, v. CITY OF WEST PALM BEACH, a Municipal Corporation of the State of Florida, Palm Beach County Realty Corporation, a Florida Corporation, Palm Beach Country Club, a Non-Profit Corporation under the Laws of Florida, and the County of Palm Beach, a Political Subdivision of the State of Florida, Respondents.

District Court of Appeal of Florida, Fourth District.

October 9, 1970.

Attorney(s) appearing for the Case

H. David Faust, Burns, Middleton, Rogers, Farrell & Faust, Palm Beach, for petitioner.

James W. Vance, Asst. City Atty., West Palm Beach, for respondent City of West Palm Beach.

WALDEN, Judge.

This petition for certiorari concerns the law of eminent domain.

The City of West Palm Beach instituted a condemnation proceeding, via its eminent domain power, to appropriate a strip of land located solely within the Town of Palm Beach for the construction of pipe lines and/or mains for an ocean outfall as part of a sewage disposal system for the City of West Palm Beach and uses incidental thereto. The plan was to build a pipeline 48" in diameter...

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