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CITY OF POMPANO BEACH v. YARDARM RESTAURANT, INC.

No. 91-1829.

641 So.2d 1377 (1994)

CITY OF POMPANO BEACH, Appellant, v. YARDARM RESTAURANT, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

September 9, 1994.

Attorney(s) appearing for the Case

Henry Latimer of Eckert, Seamans, Cherin & Mellott, Fort Lauderdale, for appellant.

Gale Ciceric Payne and James C. Pilkey of Payne, Pilkey & Assoc.; Earl Faircloth and Randolph W. Adams, Fort Lauderdale, for appellee.

GRIFFIN, J., Associate Judge.

This is the appeal of a non-final order1 in a non-jury action finding the City of Pompano Beach ["Pompano Beach" or "City"] liable for the inverse condemnation of property owned by the Yardarm Restaurant, Inc. ["Yardarm"]. We reverse because the record fails to establish the requisite taking and because any "taking" claim would be time barred.

Yardarm, which...

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