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NUTT v. ORANGE COUNTY

No. 5D99-3469.

769 So.2d 453 (2000)

Gordon S. NUTT, Appellant, v. ORANGE COUNTY, Florida, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

October 6, 2000.

Attorney(s) appearing for the Case

J. Christy Wilson, III, of Wilson, Leavitt & Small, P.A., Orlando, and Robert Hornstein, Gainesville, for Appellant.

A. Bryant Applegate and James Moreland, Orlando, and Kimberly A. Ashby of Akerman, Senterfitt & Eidson, Orlando, for Appellee.

HARRIS, J.

The issue in this case is whether a landowner may receive compensation in the form of severance damages because of the uncertainty of future governmental action. At least under the facts of this case, we agree with the trial court that the landowner may not.

The County took 2.545 acres from a 512 acre tract to improve the intersection of Chase Road and County Road 535 in Orange County. The taking included a triangular tract not utilized for the...

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