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LEON COUNTY v. SMITH

No. VV-225.

397 So.2d 362 (1981)

LEON COUNTY, Appellant, v. James A. SMITH and Beulah Smith, His Wife, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 11, 1981.

Attorney(s) appearing for the Case

F.E. Steinmeyer, III, County Atty., and O. Earl Black, Jr., Asst. County Atty., for appellant.

Brian S. Duffy and J. Lawrence Johnston of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, for appellees.

Walter B. Smith of Green & Fonvielle, P.A., amicus curiae.

PER CURIAM.

Leon County appeals a final judgment which finds it has taken an easement across the Smiths' property and is engaged in a continuing trespass across that property. We affirm.

Appellees James A. and Beulah Smith are the owners of approximately 16 acres of land in Leon County, situated on Raymond Diehl Road and bounded on the north by Unit 5 of Killearn Estates. Prior to the development of Killearn Estates, the area was primarily wooded with vegatative...

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