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CLAUSSEN v. STATE, DEPT. OF TRANSP.

No. 99-00166.

750 So.2d 79 (1999)

Robert G. CLAUSSEN, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Second District.

December 1, 1999.

Attorney(s) appearing for the Case

Thomas R. Bolt of Ruden, McClosky, Smith, Schuster & Russell, P.A., Ft. Lauderdale, for Appellant.

Pamela S. Leslie and Vance W. Kidder, Tallahassee, for Appellee.

CASANUEVA, Judge.

The appeal of this eminent domain action raises discovery and evidentiary issues. Because we conclude that the improper use of an undisclosed letter by the Department of Transportation (DOT) tainted the property owners' constitutional right to jury determination of valuation, we reverse and remand for a new trial.

DOT condemned property co-owned by Mr. Claussen, as Trustee, and B.B.B. Investment Company (Owners) on November 28, 1995. The...

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