DEPARTMENT OF TRANSP. v. LOPEZ-TORRES

No. 69035.

526 So.2d 674 (1988)

DEPARTMENT OF TRANSPORTATION, Petitioner, v. Dr. and Mrs. Augusto LOPEZ-TORRES, Town of Ocean Ridge and Audubon Society of the Everglades, Respondents.

Supreme Court of Florida.

Rehearing Denied July 7, 1988.


Attorney(s) appearing for the Case

Maxine F. Ferguson, Appellate Atty. and A.J. Spalla, General Counsel, Dept. of Transp., Tallahassee, for petitioner.

Hugh MacMillan, Jr. of Hewitt & MacMillan, P.A., Palm Beach Gardens, James R. Brindell of Gunster, Yoakley, Criser & Stewart, P.A., and John C. Randolph of Johnston, Sasser, Randolph & Weaver, West Palm Beach, for respondents.

James W. Vance of Janes W. Vance, P.A., West Palm Beach, amicus curiae for City of Boynton Beach, Fla.

J. Michael Haygood of Haygood & Williams, P.A., West Palm Beach, amicus curiae for Boynton Beach Community Redevelopment Agency.


KOGAN, Justice.

The District Court of Appeal, Fourth District, has certified the following as questions of great public importance:

I. Has the legislature preempted municipalities from exercising any control over the establishment of state roads and bridges? II. Does the DOT have the authority to route a state road bridge through or into a municipality in a corridor that specifically conflicts with the municipality's comprehensive growth plan?<...

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