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BROWARD COUNTY v. PIZIO

No. 90-2306.

579 So.2d 762 (1991)

BROWARD COUNTY, Appellant, v. Roger P. PIZIO, the Estate of Stanley Joseph Pizio, Deceased, Florence Pizio, Nancy Robinson, Earl J. Paradise and Anne W. Paradise, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied June 12, 1991.

Attorney(s) appearing for the Case

John J. Copelan, Jr., County Atty., Fort Lauderdale, and Arthur J. Simon of Blackwell & Walker, P.A., Miami, for appellant.

Alan K. Marcus of Law Offices of Alan K. Marcus, P.A., Coral Gables, for appellees-Pizio and Robinson.

Robert A. Ware of English, McCaughan & O'Bryan, Fort Lauderdale, for appellees-Paradise.

PER CURIAM.

We affirm, holding that it was not an abuse of discretion to preserve property in its present state for a jury view in eminent domain proceedings. See Annotation, Right to View by Jury in Condemnation Proceedings, 77 A.L.R.2d 548, 564 and cases cited therein. We need not and therefore do not answer the question whether use of the term "shall" in section 73.071(3)(b), Florida Statutes (1989), would prohibit an exercise of discretion denying...

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