DEPARTMENT OF TRANSP. v. ZYDERVELD

No. 93-428.

647 So.2d 308 (1994)

DEPARTMENT OF TRANSPORTATION, State of Florida, Appellant, v. Joost P. ZYDERVELD, Trustee, Appellee.

District Court of Appeal of Florida, Fifth District.

December 16, 1994.


Attorney(s) appearing for the Case

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

Jay W. Small of Wilson, Leavitt & Small, P.A., Orlando, and Alan E. DeSerio of Brighham, Moore, Gaylord, Ulmer & Schuster, Tampa, for appellee.


THOMPSON, Judge.

The Department of Transportation ("DOT") appeals the granting of a motion for summary judgment on liability entered in favor of Joost P. Zyderveld, Trustee ("Zyderveld"). DOT also appeals the entry of a final judgment from an inverse condemnation award made to Zyderveld. We reverse.

The DOT filed and recorded a map of reservation for the planned realignment of State Road 434 in Seminole County. The map of reservation encompassed 3.637 acres...

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