PINELLAS COUNTY v. AUSTIN

No. 74-967.

323 So.2d 6 (1975)

PINELLAS COUNTY, a Political Subdivision of the State of Florida, Appellant, v. Carl M. AUSTIN and Norma D. Austin, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

December 5, 1975.


Attorney(s) appearing for the Case

Nugent M. Walsh, Asst. County Atty., Clearwater, for appellant.

Gilman M. Hammond, of Hammond & Holman, Pinellas Park, for appellees.


GRIMES, Judge.

This case involves the question of whether the vacation of a street by a public body which results in a substantial deprivation of access constitutes a taking of property so as to entitle the owner to a recovery under the theory of inverse condemnation.

Mr. and Mrs. Austin owned and live on a rectangular parcel of land in Pinellas County consisting of five acres. A canal running in a northeasterly direction intersected the property near the...

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