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MORR v. STATE DEPT. OF TRANSP.

No. 95-00348.

667 So.2d 888 (1996)

David MORR d/b/a Highway 17 Salvage and Repairs; and "Ray Kreider, deceased" (Richard F. Kreider, as Personal Representative of the Estate of Raymond W. Kreider, deceased), Appellants, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Second District.

February 7, 1996.

Attorney(s) appearing for the Case

Jack P. Brandon and Deborah A. Ruster of Peterson, Myers, Craig, Crews, Brandon & Puterbaugh, P.A., Lake Wales, for Appellant Morr.

Hank B. Campbell, Lakeland, for Appellant Kreider.

Thornton J. Williams, General Counsel, and Marianne A. Trussell, Assistant General Counsel, Department of Transportation, Tallahassee, for Appellee.

BLUE, Judge.

David Morr d/b/a Highway 17 Salvage and Repairs, as tenant, and the Estate of Raymond W. Kreider, as landowner, appeal the final summary judgment in an eminent domain action which terminated Morr's claim for business damages. The trial court apparently found that Morr's business constituted a nonconforming use on the land taken, was "illegal," and thus Morr's claim for business damages was not actionable. Because the record fails to foreclose a claim...

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