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DIVISION OF ADMIN., STATE DEPT. OF TRANSP. v. RICE

No. 72-861.

276 So.2d 544 (1973)

DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and Brevard County, Appellants, v. J.D. RICE et al., Appellees.

District Court of Appeal of Florida, Fourth District.

April 27, 1973.

Attorney(s) appearing for the Case

Barbara Ann Dell McPherson and Geoffrey B. Dobson, Dept. of Transportation, Tallahassee, for appellants.

Charles M. Harris, of Crofton, Holland & Starling, Titusville, for appellees Bruce Nidy and Merle Ann Nidy.

PER CURIAM.

Appellants-plaintiffs, Division of Administration, State of Florida Department of Transportation, and Brevard County, appeal a summary final judgment entered in favor of appellees-intervenors, Bruce Nidy and Merle Ann Nidy, in an action of eminent domain. We reverse.

Appellants sued under the power of eminent domain to acquire certain real property in Brevard County necessary for public road purposes. The property sought to be condemned by appellants...

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