STATE, DEPT. OF TRANSP. v. SUIT CITY OF AVENTURA

No. 3D00-88.

774 So.2d 9 (2000)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. SUIT CITY OF AVENTURA, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 3, 2001.


Attorney(s) appearing for the Case

Gregory G. Costas and Pamela S. Leslie (Tallahassee), for appellant.

Savlov & Anderson (Tallahassee); Ruden, McClosky, Smith, Schuster & Russell and Dale Alan Bruschi (Ft.Lauderdale); Earle & Patchen and Brian Patchen, Miami; Lauri Waldman Ross, Miami; Pertnoy, Solowsky, Allen & Haber and Richard Allen, Miami, for appellees.

Before GERSTEN, GREEN, and FLETCHER, JJ.


FLETCHER, Judge.

The State of Florida, Department of Transportation [DOT] appeals an order directing inverse condemnation of certain rights, ostensibly appropriated by the DOT, which are claimed to be appurtenant to a shopping center adjacent to the busy intersection of Ives Dairy Road and Biscayne Boulevard. The case began as an ordinary eminent domain action filed by the DOT pursuant to chapters 73 and 74, Florida Statutes (1997) as part of a project to improve...

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