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SOUTH FLORIDA WATER v. BASORE OF FLORIDA

No. 97-3941.

723 So.2d 287 (1998)

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Appellant, v. BASORE OF FLORIDA, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 13, 1999.

Attorney(s) appearing for the Case

Paul L. Nettleton of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Miami, for appellant.

Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., and John R. Young of Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell, West Palm Beach, for appellee.

STONE, C.J.

South Florida Water Management District ("the district") challenges a judgment finding that Basore of Florida, Inc., the plaintiff, had proven a "taking" by inverse condemnation. We reverse and remand for entry of a judgment in favor of the district.

Basore alleged that the district created conditions which caused Basore's farming operation to be flooded, thereby damaging its growing lettuce crop. Basore...

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