STACK v. OKALOOSA COUNTY

Nos. EE-305, EE-462.

347 So.2d 145 (1977)

J.E. STACK, Jr., and Wife, Madge English Stack, Appellants, v. OKALOOSA COUNTY, Appellee.

District Court of Appeal of Florida, First District.

June 27, 1977.


Attorney(s) appearing for the Case

James E. Moore, Jr., of Moore & Anchors, Niceville, for appellants.

John R. Dowd of Wimberly & Dowd, Fort Walton Beach, for appellee.


McCORD, Judge.

The above two consolidated appeals are from the same cause of action below (an eminent domain proceeding) and the same parties are appellants and appellees in both appeals. Case No. EE-305 is an appeal from a final judgment (termed an order) in which the trial court found that appellee had failed to prove public necessity for taking the property and denied appellees the right to condemn the property. The judgment further found that the evidence established...

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