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DIVISION OF ADMIN., DOT v. HILLSBORO ASSOCIATION, INC.

No. 72-586.

286 So.2d 578 (1973)

DIVISION OF ADMINISTRATION, STATE of Florida DEPARTMENT OF TRANSPORTATION, an Agency of the State of Florida, and Broward County, a Political Subdivision of the State of Florida, Appellants, v. HILLSBORO ASSOCIATION, INC., et al., (Parcel 103), Appellees.

District Court of Appeal of Florida, Fourth District.

October 12, 1973.

Attorney(s) appearing for the Case

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

James J. Richardson and Robert D. Canada of Henderson, Richardson, Canada, Henry, Buchanan & Munroe, Tallahassee, and Andrews, Singer & Lubbers, Ft. Lauderdale, for appellees.

OWEN, Chief Judge.

The condemnor in an eminent domain proceeding seeks reversal of the damage award because the jury was allowed to consider (and presumably the property owner was awarded) consequential damages to the adjoining remainder allegedly caused by the construction which subsequently took place on the parcel which was taken.

Appellee owned property on the north side of the Hillsboro Inlet in Broward County. This property was protected by a seawall...

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