KATZ v. DADE COUNTY

No. 78-2260.

367 So.2d 277 (1979)

Marvin KATZ and Agnes Katz, His Wife, and Joseph Neumann and Margaret Neumann, His Wife, Appellants, v. DADE COUNTY, a Political Subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 13, 1979.


Attorney(s) appearing for the Case

Dubbin, Schiff, Berkman & Dubbin and Michel E. Anderson, Miami, for appellants.

Stuart L. Simon, County Atty., and Murray Greenberg, Asst. County Atty., for appellee.

Before HENDRY, BARKDULL and SCHWARTZ, JJ.


SCHWARTZ, Judge.

The appellants are the owners of one of several parcels of land in downtown Miami sought to be condemned by Dade County. They appeal, pursuant to Fla.R.App.P. 9.130(a)(3)(C)(ii), from an order granting the county the right to immediate possession of the property under the "quick taking" provisions of Chap. 74, Fla. Stat. (1977). We reverse upon the holding that, as a matter of law, the county did not meet its burden of showing a reasonable necessity...

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