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PASCO v. CITY OF OLDSMAR

Nos. 2D05-5954, 2D06-696.

953 So.2d 766 (2007)

James I. PASCO and Betty Pasco, Appellants, v. CITY OF OLDSMAR, Florida, a Municipality, Appellee.

District Court of Appeal of Florida, Second District.

April 20, 2007.

Attorney(s) appearing for the Case

Patrick B. Calcutt of Calcutt & Calcutt, P.A., St. Petersburg, for Appellants.

James C. Yacavone, III of Frazer, Hubbard, Brandt, Trask & Yacavone, L.L.P., Dunedin, for Appellee.

NORTHCUTT, Judge.

James and Betty Pasco sued the City of Oldsmar, alleging that the City had built a road across their property. The Pascos sought a declaratory judgment confirming their title to the portion of their property lying beneath and near the road, and alternatively they claimed damages for inverse condemnation. The City obtained a summary judgment on the basis of its affirmative defense that the implicated land was presumptively dedicated. The Pascos filed...

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