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PALM BEACH COUNTY v. INLET BAY CLUB, INC.

No. 72-1191.

280 So.2d 692 (1973)

PALM BEACH COUNTY, Appellant, v. INLET BAY CLUB, INC., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 13, 1973.

Attorney(s) appearing for the Case

Michael B. Small, County Atty., and H. Adams Weaver, Asst. County Atty., West Palm Beach, for appellant.

Sidney A. Stubbs, Jr., of Jones, Paine & Foster, West Palm Beach, for appellees.

WALDEN, Judge.

Palm Beach County undertook to condemn certain land for beach and recreational purposes. The trial court adjudicated a lack of necessity and denied the County's request for an order of taking. The County appeals. We affirm.

The Legislature in its wisdom per Section 127.01(2), F.S. 1971, F.S.A., decided that the necessity of taking in such cases would be an issue to be determined as an issue of fact and law by the trial court. This is to be done...

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