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MH NEW INVESTMENTS v. DEPARTMENT OF TRANSP.

No. 5D10-2697.

76 So.3d 1071 (2011)

MH NEW INVESTMENTS, LLC, etc., et al., Appellant, v. DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Fifth District.

December 23, 2011.

Attorney(s) appearing for the Case

Christopher V. Carlyle and Shannon McLin Carlyle , of The Carlyle Appellate Law Firm, The Villages, for Appellant.

Gerald B. Currington , General Counsel, and Gregory G. Costas , Assistant General Counsel, of Department of Transportation, Tallahassee, for Appellee.

GRIFFIN, J.

L-N-W Pizza ["L-N-W"] appeals the trial court's summary final judgment dismissing L-N-W's business damages claim in an eminent domain proceeding brought by the Florida Department of Transportation ["DOT"] to take land for a drainage easement.

MH New Investments, LLC, owned property which was the subject of DOT's action, but L-N-W had a long term lease and had, for many years, operated a pizza restaurant and delivery business there. The area to...

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