BALL v. CITY OF TALLAHASSEE

No. R-492.

269 So.2d 750 (1972)

Edward BALL, Petitioner, v. CITY OF TALLAHASSEE, a Municipal Corporation Created and Existing under the Laws of the State of Florida, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied December 21, 1972.


Attorney(s) appearing for the Case

J. Lewis Hall, of Hall, Hartwell & Hall, and Edgar C. Booth, Tallahassee, for petitioner.

Roy T. Rhodes and W. Ralph Durrance, Jr., of Rhodes & Stephens, Tallahassee, for respondent.


WIGGINTON, Judge.

Petitioner seeks review by certiorari of an order of taking rendered by the Circuit Court of Leon County in an eminent domain proceeding brought by the City of Tallahassee. It is contended that the trial court erred in holding that the City had established a necessity for the taking of an easement across petitioner's lands and awarding such easement to the City pursuant to its motion for judgment on declaration of taking.

From the record...

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