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HILLSBOROUGH COUNTY v. KORTUM

No. 90-01659.

585 So.2d 1029 (1991)

HILLSBOROUGH COUNTY, a Political Subdivision of the State of Florida, Appellant, v. Wilmer H. KORTUM and Vivian R. Kortum, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 19, 1991.

Attorney(s) appearing for the Case

Janice G. Scott of Massie & Scott, Tallahassee, Frederick B. Karl, County Atty., and Louise B. Bothwell, Asst. County Atty., Tampa, for appellant.

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

Kenneth J. Plante, Gen. Counsel, and Eugene E. McClellan, Jr., Deputy Gen. Counsel, Dept. of Natural Resources, Tallahassee, for amicus curiae, State of Fla. Bd. of Trustees of the Internal Improvement Trust Fund.

Susan H. Churuti, County Atty., and Carol B. Abernathy, Senior Asst. County Atty., Clearwater, for amicus curiae, Pinellas County.

PARKER, Judge.

Hillsborough County (the County) appeals a verdict and final judgment entered in favor of Wilmer and Vivian Kortum. The final judgment awarded the Kortums full fee value for their property which the County had taken in eminent domain proceedings. We reverse.

The county sought a portion of the property which the Kortums owned as part of a project to widen Gunn Highway. A predecessor in title to the Kortums had purchased the property in 1943 from...

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