DEPARTMENT OF TRANSP. v. WEISENFELD

No. 91-2234.

617 So.2d 1071 (1993)

DEPARTMENT OF TRANSPORTATION, Appellant, v. Joseph WEISENFELD, Trustee, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 17, 1993.


Attorney(s) appearing for the Case

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

Gordon H. Harris and G. Robertson Dilg of Gray, Harris & Robinson, P.A., Orlando, for appellee.

EN BANC


COBB, Judge.

The plaintiff below, Weisenfeld, alleged that the filing of a map of reservation by the Department of Transportation (DOT) constituted a temporary regulatory taking of his property entitling him to compensation. DOT denied the allegations, and raised various affirmative defenses.

Weisenfeld moved for a partial summary judgment on liability on the basis that DOT "must be liable as a matter of law for having temporarily inversely condemned Plaintiff...

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