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STATE, DOT v. MICCOSUKEE VIL. SHOP. CTR.

No. 92-989.

621 So.2d 516 (1993)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. MICCOSUKEE VILLAGE SHOPPING CENTER, et al., Appellees.

District Court of Appeal of Florida, First District.

July 7, 1993.

Attorney(s) appearing for the Case

Thornton J. Williams, Gen. Counsel, and Thomas F. Capshew, Asst. Gen. Counsel, DOT, Tallahassee, for appellant.

Alan E. DeSerio, Brigham, Moore, Gaylord, Wilson, Ulmer, Schuster and Sachs, Tampa, and Joseph W. Fixel, Tallahassee, for appellees.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the Department of Transportation's Motion for Rehearing, withdraw our previous opinion, and substitute the following opinion therefor.

This case originated below as an inverse condemnation proceeding and involves the issue of whether the mere inclusion of appellees' property within the boundaries of the map of reservation filed by the Department of Transportation pursuant to subsection 337.241(1), Florida...

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