HOWARD JOHNSON CO. v. DIV. OF ADMIN., STATE, DEPT. OF TRANSP.

Nos. 83-2154, 83-2155.

450 So.2d 328 (1984)

HOWARD JOHNSON COMPANY, Appellant, v. DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Fourth District.

May 23, 1984.


Attorney(s) appearing for the Case

Lee Mandell of Gaston Snow & Ely Bartlett, Hall & Swann, Coral Gables, for appellant.

H. Reynolds Sampson, Tallahassee, Alan E. DeSerio, Fred Reedy and John H. Beck, Dept. of Transportation, Tallahassee, for appellee.


HERSEY, Judge.

In condemnation proceedings appellant unsuccessfully sought business damages and brings this appeal.

The condemnation proceedings involved the taking of one parcel of land in fee simple and the taking of a construction easement over another parcel of land, both of which were occupied by appellant as tenant under a lease extending for more than five years.

The statute upon which appellant relies in seeking business damages, section 73...

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