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DEPT. OF ENVIRON. PROTECTION v. YOUEL

No. 5D99-2945.

787 So.2d 923 (2001)

DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al., Appellants, v. Leisa YOUEL, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 27, 2001.

Attorney(s) appearing for the Case

L. Kathryn Funchess, Assistant General Counsel, Department of Environmental Protection, Tallahassee and Robert A. Butterworth, Attorney General, Tallahassee and Philip Jay Spengler, II, Assistant Attorney General, Tampa, for Appellants.

Michael D. Jones and Clifton H. Gorenflo of Leffler & Associates, P.A., Winter Springs, for Appellee.

COBB, J.

On September 23, 1999, the circuit court entered what it labeled a final judgment, after non-jury trial, finding that the State Department of Environmental Protection (DEP) had effectuated a temporary taking of the property of the plaintiff, Leisa Youel, which taking had commenced in June, 1991.1 The judgment was predicated on findings by the court that DEP improperly asserted jurisdiction...

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