STATE, DEPT. OF TRANSP. v. FIRSTMERIT BANK

No. 97-02115.

711 So.2d 1217 (1998)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. FIRSTMERIT BANK f/k/a Life Savings Bank, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 2, 1998.


Attorney(s) appearing for the Case

Pamela S. Leslie and Marianne A. Trussell, Department of Transportation, Tallahassee, for Appellant.

Michael W. Gaines of Law Offices of Gaines & Helinger, Clearwater, for Appellee.


WHATLEY, Judge.

The Department of Transportation (DOT) appeals an order finding it liable to FirstMerit Bank (the bank) for moving expenses incurred in anticipation of a taking. We reverse.

The bank was a lessee of space in a building located along U.S. Highway 19 in Pinellas County. The bank decided to relocate after it became aware through DOT's customary precondemnation activities that DOT was planning to take part of the building's parking lot and to eliminate...

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