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STATE, DEPT. OF TRANSP. v. HECKMAN

No. 93-0978.

644 So.2d 527 (1994)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Eula M. HECKMAN, Freddie K. Heckman, Allan W. Heckman and J & H Salvage and Storage Yards, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

October 26, 1994.

Attorney(s) appearing for the Case

Thornton J. Williams and Gregory G. Costas of the State of Fla. Dept. of Transp., Tallahassee, for appellant.

David K. Miller, Shaw P. Stiller and Michael R. Kercher of Broad and Cassel, Tallahassee, for appellees.

ON MOTION FOR REHEARING

KLEIN, Judge.

We withdraw our prior opinion filed September 14, 1994, and substitute the following in its place.

The City of Oakland Park required the appellee property owners to convey a seven foot right-of-way across the front of their property to the city in return for a waiving of development requirements. The city subsequently gave the right-of-way to the DOT for the widening of Dixie Highway. The property owners...

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