RUKAB v. CITY OF JACKSONVILLE BEACH

No. 1D00-4593.

811 So.2d 727 (2002)

Tony M. RUKAB and Aida T. Rukab, his wife, Appellants, v. CITY OF JACKSONVILLE BEACH, A Municipal Corporation, and the Jacksonville Beach Community Redevelopment Agency, A Body Politic and Corporation Created Under the Laws of the State of Florida, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 3, 2002.


Attorney(s) appearing for the Case

Andrew Prince Brigham and Bruce B. Humphrey, of Brigham Moore, LLP, Jacksonville, for Appellants.

Stephen Stratford, of Stephen Stratford, P.A., and William S. Graessle, of Winegeart & Graessle, P.A., Jacksonville, for Appellees.


WOLF, J.

Tony M. Rukab and Aida T. Rukab, his wife, appeal from an order of taking in an eminent domain action. The court found that the appellees, City of Jacksonville Beach and the Jacksonville Beach Community Redevelopment Agency (the City), had shown a public purpose and reasonable necessity for taking the Rukabs' property.

The Rukabs raise a number of issues on appeal. The issue concerning public necessity has merit and requires reversal; two other issues...

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