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STATE DEPT. OF TRANSP. v. TIRE CENTERS

No. 4D03-3378.

895 So.2d 1110 (2005)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. TIRE CENTERS, LLC, a Delaware Limited Liability Company, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 4, 2005.

Attorney(s) appearing for the Case

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

Allan M. Rubin, Suzanne M. Driscoll of Shutts & Bowen, LLP, Fort Lauderdale, and Alan E. Deserio, Brandon, for appellee Tire Centers, LLC.

POLEN, J.

This appeal arises from a partial taking of property located in Palm Beach County at 6551 Southern Boulevard in West Palm Beach. The 2.9 acre property was used by the Appellee, Tire Centers, in its tire services business operations. The Appellant, State of Florida Department of Transportation (D.O.T.), took significant portions of the property for use in the construction of highway improvements. The taking required demolition of Tire Centers' existing structure...

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