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CITY OF COCOA v. HOLLAND PROPERTIES

No. 92-1274.

625 So.2d 17 (1993)

CITY OF COCOA, Florida, Appellant, v. HOLLAND PROPERTIES, INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 11, 1993.

Attorney(s) appearing for the Case

Bradly Roger Bettin of Amari, Theriac, Eisenmenger and Woodman, P.A., Cocoa, and David M. Caldevilla, Tampa, for appellant.

Paul A. Turk, Jr. and Robert W. Morrison of Wells, Morrison, Davis & Bergstrom, P.A., Orlando, for appellee Holland Properties, Inc.

Kathryn L. Mennella, Palatka, amicus curiae, for St. Johns River Water Management Dist.

PETERSON, Judge.

The City of Cocoa (Cocoa) appeals the denial of an order of taking as to Holland Properties, Inc.'s (Holland) fee simple interest in lands in Orange County. The trial court denied the taking when it found that the evidence presented at trial failed to show a reasonable necessity for the land upon which Cocoa planned to construct three water wells. We reverse.

On December 13, 1990 Cocoa was granted a consumptive use permit for water withdrawal...

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