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STATE, DEPT. OF TRANSP. v. BORSJE

No. 89-02167.

566 So.2d 912 (1990)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Theodorus BORSJE and Susan Borsje, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

September 12, 1990.

Attorney(s) appearing for the Case

Maxine F. Ferguson, Thomas F. Capshew and Thornton J. Williams, Tallahassee, for appellant.

George A. Routh, Clearwater, for appellees.

RYDER, Acting Chief Judge.

The Department of Transportation (DOT) challenges the trial court's judgment holding that it encroached and trespassed on the Borsjes' property in this action brought by the Borsjes for an injunction and money damages. We reverse.

The Borsjes own Lots 1, 2, 3 and 4 in Block A of Breeze Hill subdivision in Clearwater. Breeze Hill was platted in 1925. The plat indicates that the government section line for the N.W. 1/4 of the S.W....

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