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KIRKLAND v. CITY OF LAKELAND

No. 2D08-2961.

3 So.3d 398 (2009)

Edna L. KIRKLAND; Janice M. Ward, Trustee under that certain land trust dated August 4, 2000 and numbered 102923000000013040; Brenda Gordon, Successor Trustee of the Marjorie C. Kirkland Revocable Living Trust dated March 13, 2007; James Eddie Ward, Jr.; Janice Marie Ward; Jaime Kirkland Tyler; James L. Kirkland; and Nelson Kirkland, Appellants, v. CITY OF LAKELAND, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 13, 2009.

Attorney(s) appearing for the Case

David W. Holloway, Odessa, for Appellants.

Monterey Campbell, Mark N. Miller, and Kristie Hatcher-Bolin of GrayRobinson, P.A., Lakeland, for Appellee.

ALTENBERND, Judge.

Edna L. Kirkland and other members of the Kirkland family who own land south of Waring Road in Polk County challenge the trial court's orders allowing the City of Lakeland (the City) to take portions of their land by eminent domain to create a right-of-way that will allow for the extension of Waring Road from Old Medulla Road to West Pipkin Road. This eminent domain proceeding, requesting a taking for a road right-of-way, is unusual only because...

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