Ball v. City of Tallahassee

WIGGINTON, Judge.

Petitioner seeks review by certiorari of an order of taking rendered by the Circuit Court of Leon County in an eminent domain proceeding brought by the City of Tallahassee. It is contended that the trial court erred in holding that the City had established a necessity for the taking of an easement across petitioner’s lands and awarding such easement to the City pursuant to its motion for judgment on declaration of taking.

From the record it appears without dispute that the City of Tallahassee, acting through its duly elected commissioners, adopted a resolution finding the…