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DIVISION OF ADMIN., DEPT. OF TRANSP. v. RINKER M. CORP.

No. 74-485.

302 So.2d 197 (1974)

DIVISION OF ADMINISTRATION, STATE of Florida DEPARTMENT OF TRANSPORTATION, an Agency of the State of Florida, Petitioner, v. RINKER MATERIALS CORPORATION, et al., (Parcel 100), Respondent.

District Court of Appeal of Florida, Fourth District.

October 25, 1974.

Attorney(s) appearing for the Case

Geoffrey B. Dobson, Gen. Counsel, and Barbara Dell McPherson, Atty., State of Florida, Dept. of Transp., Tallahassee, for petitioner.

Anne C. Booth, Hall & Booth, Tallahassee, and Toby Prince Brigham, Miami, for respondent.

OWEN, Chief Justice.

In this eminent domain proceeding, the trial court entered its order finding that the condemning authority had not established a necessity for the taking of a certain one acre parcel lying within the ten acres sought by the Declaration of Taking. The condemning authority thereupon filed in this court its petition for writ of common law certiorari to review such order.

While in a given case certiorari...

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