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CITY OF MIAMI v. COCONUT GROVE MARINE PROP., INC.

No. 77-480.

358 So.2d 1151 (1978)

CITY OF MIAMI, Florida, a Florida Municipal Corporation, Appellant, v. COCONUT GROVE MARINE PROPERTIES, INC., Coconut Grove Marine, Inc., Grove Yacht Sales and Brokerage Inc., All Florida Corporations, Grove Design and Purchasing Co., and Billy Paul Kelley, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 16, 1978.

Attorney(s) appearing for the Case

George F. Knox, Jr., City Atty., and Michel E. Anderson, Asst. City Atty., for appellant.

Frates, Floyd, Pearson, Stewart, Richman & Greer and Phillip E. Walker, Miami, for appellees.

Before NATHAN, HUBBART and KEHOE, JJ.

NATHAN, Judge.

The City of Miami, defendant in the trial court, takes this appeal from a judgment in an action for damages stemming from alleged misuse of the City's condemnation power. Plaintiffs, former owners, corporations and businesses, filed this action for damages against the City for wrongful taking of private property for a private use. The complaint alleged that the City, having taken plaintiffs' property ostensibly for a public purpose, bestowed the property...

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