PALM BEACH COUNTY v. AWADALLAH

No. 87-3261.

538 So.2d 142 (1989)

PALM BEACH COUNTY, Appellant, v. Ziyad AWADALLAH and Adnan Awadallah, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

February 15, 1989.


Attorney(s) appearing for the Case

John Beranek of Klein & Beranek, P.A., and Johnston Sasser Randolph & Weaver, West Palm Beach, for appellant.

Alan E. DeSerio of Brigham, Moore, Gaylord, Wilson, Ulmer, Schuster & Sachs, Tampa, for appellees.


PER CURIAM.

This is an appeal from a final judgment rendered by the Palm Beach County Circuit Court in an eminent domain action. We reverse the award of business damages and conclude that one point merits discussion.

The County concedes that it never raised at the trial court level, as a defense to the business damage claim, that the property owners' business was located entirely within the area of the taking and thus business damages were not statutorily...

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