Patel v. Broward County

We reverse and remand for a new trial on the authority of Williams v. State Department of Transportation, 579 So.2d 226 (Fla. 1st DCA1991), and State Department of Transportation v. Byrd, 254 So.2d 836 (Fla. 1st DCA1971). These cases stand for the proposition that the government, when attempting to prove cost-to-cure severance damages, cannot present evidence of proposed alterations to a con-demnee’s property when those alterations are predicated upon the grant of a variance from the controlling zoning authority.1 Here, virtually the government’s entire case on cost-to-cure was predicated…