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STRAUB v. VILLAGE OF WELLINGTON

No. 4D06-510.

941 So.2d 1269 (2006)

Glen F. STRAUB, Palm Beach Polo & Country Club Property Owners Association, Inc., Burrell Industries, Inc., Tennis Lodges # 1 Condominium Association, Inc. and East Bungalows Homeowners Association, Inc., Appellants, v. VILLAGE OF WELLLINGTON, TJ Palm Beach, Whiting Turner Contracting Company, Smith & Company, Inc. and Williams, Hatfield & Stoner, Appellees.

District Court of Appeal of Florida, Fourth District.

November 22, 2006.

Attorney(s) appearing for the Case

Larry A. Zink of Zink, Zink & Zink Co., L.P.A., Hillsboro Beach, for appellants.

George P. Roberts, Jr., of Roberts, Reynolds, Bedard & Tuzzio P.A., West Palm Beach, for appellee Village of Wellington.

Morris G. (Skip) Miller and John H. Pelzer of Ruden, McClosky, Smith, Schuster & Russell, P.A., West Palm Beach, for appellees TJ Palm Beach, Whiting Turner Contracting Company, Smith & Company, Inc. and Williams, Hatfield & Stoner.

WARNER, J.

Appellants, Palm Beach Polo & Country Club Property Owners Association, Inc., and Glen Straub, challenge the final summary judgment holding that the Village of Wellington lawfully occupied an easement on which the appellants claimed a right. We affirm the summary judgment of the trial court.

When the Village of Wellington commenced the installation of a water main to serve the new Wellington Mall, Palm

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