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CITY OF HOLLY HILL v. DEPT. OF TRANSP.

No. 92-2659.

621 So.2d 741 (1993)

CITY OF HOLLY HILL, Appellant, v. DEPARTMENT OF TRANSPORTATION, State of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 27, 1993.

Attorney(s) appearing for the Case

Randal A. Hayes, Ormond Beach, for appellant.

Thornton J. Williams, General Counsel, Florida Dept. of Transp. and Thomas F. Capshew, Asst. General Counsel, Tallahassee, for appellee.

PER CURIAM.

Appellant City of Holly Hill (the City) appeals the order of appellee Department of Transportation (DOT) denying the City's application for a public at-grade railroad crossing pursuant to section 335.141(1), Florida Statutes (1989). The City's application requested permission to open a railroad crossing at Tenth Street which would serve both vehicular and pedestrian traffic. We reverse and remand this matter with directions that the City's application...

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