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ST., DEPT. OF TRANSP v. STANDARD OIL CO.

No. 86-1891.

510 So.2d 324 (1987)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. STANDARD OIL COMPANY, INC., W. Dan Witherington, D/B/a Dan's Standard Service Station, et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 30, 1987.

Attorney(s) appearing for the Case

Franz Eric Dorn, Appellate Atty., Craig M. Dickerson, Trial Atty., and A.J. Spalla, Gen. Counsel, Tallahassee, for appellant.

Ellen J. Neil of Holland & Knight, Tampa, for appellee, Chevron U.S.A., Inc.

SCHOONOVER, Judge.

The State of Florida, Department of Transportation (DOT), appeals an award of business damages resulting from the state's condemnation of certain land owned by appellee, Standard Oil Company, Inc., n/k/a Chevron U.S.A., Inc. (Chevron). We find that Chevron was not entitled to business damages and, accordingly, reverse.

On September 13, 1985, DOT instituted an eminent domain proceeding seeking to condemn a parcel of land owned by Chevron...

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