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JONES v. CITY OF TALLAHASSEE

No. R-416.

266 So.2d 382 (1972)

Wilma S. JONES et al., Petitioners, 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 October 3, 1972.

Attorney(s) appearing for the Case

L. Ralph Smith, of Smith, Moore & Huey, Tallahassee, for petitioners.

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

WIGGINTON, Judge.

Petitioners seek review by certiorari of an order of taking rendered in an eminent domain proceeding pursuant to the authority of F.S. Chapter 74, F.S.A. The sole question presented for decision is whether the trial court erred in holding that the Respondent-City of Tallahassee was not guilty of fraud or bad faith amounting to a gross abuse of discretion when it determined that it was necessary to acquire an easement across petitioners' lands for...

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