BROWARD COUNTY v. RHODES

No. 92-3307.

624 So.2d 319 (1993)

BROWARD COUNTY, Florida, Appellant, v. William RHODES, Jr., Horace Bell, Delbert Kreul, Michael Blocker, and William Hurd, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing, Clarification and Rehearing Denied October 11, 1993.


Attorney(s) appearing for the Case

H.C. Palmer, III of McDonald & McDonald, Miami, for appellant.

Randall Denker of Lehrman and Denker, Tallahassee, and Walter McLin of McLin, Burnsed, Morrison, Johnson & Robuck, P.A., Leesburg, for appellees.


Rehearing, Clarification and Rehearing En Banc Denied October 11, 1993.

STONE, Judge.

We reverse a partial summary judgment in an action for inverse condemnation holding the county liable for damages incident to the destruction of Plaintiffs' bees in executing a mosquito control spray program. There is evidence that the mosquito spraying was an emergency measure designed to control an encephalitis crisis.

Appellees correctly assert that inverse condemnation...

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