STATE, DEPARTMENT OF TRANSPORTATION v. BENNETT

No. 90-2862.

592 So.2d 1150 (1992)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Stephen W. BENNETT, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Motion for Rehearing and Requests to Certify Denied February 27, 1992.


Attorney(s) appearing for the Case

Gregory G. Costas and Thornton J. Williams, Tallahassee, for appellant.

Richard L. Rosenbaum, Fort Lauderdale, Andy Schuster and Alan E. DeSerio, Brigham, Moore, Gaylord, Wilson, Ulmer, Schuster & Sachs, Tampa, for appellees.


POLEN, Judge.

The Bennetts operated an automobile repair garage on land acquired by the State of Florida Department of Transportation [DOT] as part of the Interstate 595 project in Broward County. Following the entry of an order of taking, a trial was held on the issue of valuation. Prior to trial, the DOT filed a motion in limine, seeking the exclusion of evidence regarding the cost to bring the Bennetts' property into compliance with local building and environmental...

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