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CITY OF PENSACOLA v. CAPITAL REALTY HOLDING COMPANY, INC.

No. SS-264.

388 So.2d 642 (1980)

The CITY OF PENSACOLA, Appellant, v. CAPITAL REALTY HOLDING COMPANY, INC., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 27, 1980.

Attorney(s) appearing for the Case

John W. Fleming, Asst. City Atty., Pensacola, for appellant.

Richard P. Warfield and Charles J. Kahn, Jr. of Levin, Warfield, Middlebrooks, Mabie, Rosenbloum & Magie, P.A., Pensacola, for appellee.

MILLS, Chief Judge.

The City of Pensacola appeals an order of the trial court which found that Capital Realty Holding Company is the owner of a strip of land on Pensacola Bay. We reverse.

The parties stipulated that the property in question was formed by accretion, built up through the years with sand deposited by the natural forces of Pensacola Bay. In a dispute collateral to an eminent domain action, the City claimed title to the land as record title holder...

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