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CITY OF PALM BAY v. STATE, DOT

No. 90-1203.

588 So.2d 624 (1991)

CITY OF PALM BAY, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 9, 1991.

Attorney(s) appearing for the Case

James C. Adkins, Leonard A. Carson and Lu Ann Snider, of Carson & Linn, P.A., John D.C. Newton, II of Aurell, Radey, Hinkle & Thomas, Tallahassee, and Nicholas F. Tsamoutales, Palm Bay, for appellant.

Maxine F. Ferguson, Appellate Atty., Vernon L. Whittier, Trial Atty., Thornton J. Williams, Gen. Counsel and Thomas F. Capshew, Asst. Gen. Counsel, Tallahassee, for appellee.

JOANOS, Chief Judge.

The City of Palm Bay appeals a final order of the Department of Transportation (DOT) which transferred jurisdiction of a segment of Malabar Road from Brevard County to the City of Palm Bay. This is the second appearance of this matter before the court. The issues raised in this appeal are: (1) whether the court's opinion in the first appeal limited the issues to be addressed on remand, (2) whether the...

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