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KENDRY v. DIV. OF ADMIN., STATE DEPT. OF TRANSP.

No. 51312.

366 So.2d 391 (1978)

Reginald C. KENDRY et ux., et al., Petitioners, v. DIVISION OF ADMINISTRATION, STATE of Florida, DEPARTMENT OF TRANSPORTATION, Respondents.

Supreme Court of Florida.

December 7, 1978.

Attorney(s) appearing for the Case

Gary S. Brooks of Williams, Salomon, Kanner, Damian, Weissler & Brooks, Miami, for petitioners.

H. Reynolds Sampson, Gen. Counsel, and Alan E. DeSerio and Jay Beckerman, Tallahassee, for respondents.

HATCHETT, Justice.

Can a property owner recover severance damages due to the partial taking of his land when the taking is in violation of a restriction contained in a perpetual easement? The Fourth District Court of Appeal answered this question in the negative,1 contrary to the rule of law announced in City of Tampa v. Texas Co., 107 So.2d 216 (Fla...

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