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LEVY COUNTY v. DIAMOND

No. 1D08-3434.

7 So.3d 564 (2009)

LEVY COUNTY, a political subdivision of the State of Florida, Appellant, v. Ellis DIAMOND and Barbara Diamond, husband and wife; State of Florida, Department of Environmental Protection; and State of Florida, Trustees of the Internal Improvement Trust Fund, Appellees.

District Court of Appeal of Florida, First District.

March 3, 2009.

Attorney(s) appearing for the Case

Matthew C. Lucas, Tampa, for Appellant.

Mallory Horne of Maddox & Horne, PLLC, Tallahassee; William C. Owen, Tallahassee; and L. Kathryn Funchess, Assistant General Counsel, Department of Environmental Protection, Tallahassee, for Appellees.

PADOVANO, J.

The plaintiffs, Ellis and Barbara Diamond, filed an inverse condemnation suit in the Circuit Court for Leon County against the defendants, Levy County, the Trustees of the Internal Improvement Fund, and the Department of Environmental Protection. After obtaining waivers of the home venue privilege by the Trust Fund and the Department, Levy County filed a motion to transfer venue under section 47.122, Florida Statutes, to the Circuit Court for Levy County...

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