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STATE v. DONAHOO

No. AF-24.

412 So.2d 400 (1982)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Jesse T. DONAHOO, et ux., Appellees.

District Court of Appeal of Florida, First District.

March 25, 1982.

Attorney(s) appearing for the Case

John H. Beck, Acting Gen. Counsel, Margaret-Ray Kemper and Ella Jane P. Davis, Tallahassee, for appellant.

R. Brownlee Eggart, Pensacola, for appellees.

ERVIN, Judge.

This is an appeal from an inverse condemnation action in which the trial court found that certain acts by the Department of Transportation (DOT), in connection with the construction of I-10 in Pensacola, constituted a taking of appellees' property. As a consequence, the court held that the appellees were entitled to a jury trial to determine the just compensation for their property. The DOT urges that the trial court erred in finding that a taking had...

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