Tradewinds Campground, Inc. v. Town of Atlantic Beach

COZORT, Judge.

Plaintiff initiated this action to enjoin defendant’s condemnation of plaintiffs property. From a judgment on the pleadings in defendant’s favor, plaintiff appeals. We affirm.

On 13 July 1987, defendant informed plaintiff by letter that it intended to condemn plaintiffs ownership interest in New Bern Way, a street located within the Town of Atlantic Beach. On 17 August 1987, defendant filed its complaint in the condemnation action against plaintiff. On 3 September 1987, before it answered defendant’s complaint, plaintiff filed the present action for injunc-tive relief to prevent…