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BALL v. CITY OF TALLAHASSEE

No. 43297.

281 So.2d 333 (1973)

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

Supreme Court of Florida.

July 18, 1973.

Attorney(s) appearing for the Case

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

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

DEKLE, Justice.

We have for certiorari review a decision of the First District Court of Appeal reported at 269 So.2d 750 involving the taking of a perpetual easement by eminent domain. The decision is in direct conflict with the law of this state as previously announced in Canal Authority v. Miller, 243 So.2d 131 (Fla. 1970); Canal Authority v. Litzel, 243 So.2d 135

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