9863 WEST ATLANTIC AVENUE, INC. v. STATE DEPT. OF TRANSP.

No. 4D02-2021.

851 So.2d 191 (2003)

9863 WEST ATLANTIC AVENUE, INC., a Florida corporation, et al., Appellants, v. STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Fourth District.

June 11, 2003.


Attorney(s) appearing for the Case

J. Christy Wilson, III of Wilson, Leavitt & Small, P.A., Orlando, and Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for appellants.

Pamela S. Leslie, General Counsel, and Marianne A. Trussell, Deputy General Counsel, Tallahassee, for appellee.


KLEIN, J.

The DOT, in this eminent domain case, took property which included the entire building in which a store was operated. On the remainder not taken there was a well which supplied water to the business. The property owner argues that it is entitled to business damages because, as a result of the well being left on the remainder, it was only a partial taking of the business. We disagree.

The business was a convenience store, and all of the building,...

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