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STATE, DEPT. OF TRANSP. v. GAYETY THEATRES, INC.

No. 3D00-1491.

781 So.2d 1125 (2001)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. GAYETY THEATRES, INC., d/b/a The Pussycat Theatre, Appellee.

District Court of Appeal of Florida, Third District.

Certification Denied April 25, 2001.

Attorney(s) appearing for the Case

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

Sale & Kuehne and Benedict Kuehne; David M. Shenkman, Miami, for appellee.

Before GODERICH and SORONDO, JJ., and NESBITT, Senior Judge.

NESBITT, Senior Judge.

Gayety Theatres, Inc., d/b/a The Pussycat Theatre (herein Gayety), the owner of an entertainment theater and nightclub located at 7770 Biscayne Boulevard, filed a complaint against the Department of Transportation (DOT) for damages grounded upon inverse condemnation. The complaint alleged a substantial impairment of access to Gayety's commercial property. The theater is located on the southwest corner of the intersection of Northeast 78th Street...

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