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CITY OF JACKSONVILLE v. HORN

No. BI-5.

496 So.2d 204 (1986)

CITY OF JACKSONVILLE, Appellant, v. Lowell Kent HORN and Juanita Horn, Appellees.

District Court of Appeal of Florida, First District.

October 15, 1986.

Attorney(s) appearing for the Case

Gerald A. Schneider, Gen. Counsel, William Lee Allen, Asst. Gen. Counsel, Jacksonville, for appellant.

Robert M. Foster of Mahoney, Adams, Milam, Surface & Grimsley, P.A., Jacksonville, for appellees.

SMITH, Judge.

The City of Jacksonville appeals a final judgment enjoining the city from exercising any ownership or control over a portion of a plot of land owned by Mr. and Mrs. Horn, appellees, and awarding judgment of $6,925.40 as damages committed by the city when it entered upon the Horns' property and began clearing it for a road right-of-way. The city claims the disputed property as part of a public road, while the Horns maintain the city's claim is barred...

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