NEW TESTAMENT BAPTIST CHURCH v. DOT

No. 4D07-4543.

993 So.2d 112 (2008)

NEW TESTAMENT BAPTIST CHURCH INCORPORATED OF MIAMI, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION and Broward County, Appellees.

District Court of Appeal of Florida, Fourth District.

October 22, 2008.


Attorney(s) appearing for the Case

S. Cary Gaylord and Paul D. Bain of Gaylord Merlin Ludovici Diaz & Bain, Tampa, for appellant.

Alexis M. Yarbrough, General Counsel, and Gregory G. Costas, Assistant General Counsel, Tallahassee, for Appellee-Department of Transportation.

Jeffrey J. Newton, County Attorney, Andrew J. Meyers, Chief Appellate Counsel, and James D. Rowlee, Assistant County Attorney, Fort Lauderdale, for Appellee-Broward County.


STONE, J.

New Testament Baptist Church appeals a final judgment in a condemnation suit brought by Florida Department of Transportation. The sole issue on appeal is whether it was error to grant summary judgment on the church's counterclaim for inverse condemnation, on the basis that the church's claim is barred by the statute of limitations. We affirm, concluding that where the rights of third parties are not affected, a stale claim is limited by the statute. We further...

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