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WEST GATE SHOPPING CENTER, INC. v. DIV. OF AD., ETC.

No. KK-318.

363 So.2d 407 (1978)

WEST GATE SHOPPING CENTER, INC., Appellant, v. DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION, and Alachua County, Appellees.

District Court of Appeal of Florida, First District.

October 18, 1978.

Attorney(s) appearing for the Case

Elaine N. Duggar and James J. Richardson, Richardson Law Offices, P.A., Tallahassee, for appellant.

Allen E. DeSerio, State's Atty., Tallahassee, Edward L. Bush, Lake City, and H. Reynolds Sampson, Gen. Counsel, Tallahassee, for appellee Dept. of Transp.

SMITH, Judge.

West Gate appeals from an order of taking in eminent domain, contending that the taking is excessive and unnecessary to the extent that the right of way will be used for a bicycle path on a narrow strip adjacent to the multilane highway. Chapter 74, Florida Statutes (1977). The record indicates that the Department proposes to build a pedestrian walkway on the same strip. The department is authorized to acquire land for public "ways open to travel by...

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