Legal Opinion

Division of Administration, State Department of Transportation v. Hillsboro Ass'n

District Court of Appeal of Florida

Decided October 12, 1973No. 72-586PublishedCited by 7 opinions

1Opinion of the Court

OWEN, Chief Judge.

The condemnor in an eminent domain proceeding seeks reversal of the damage award because the jury was allowed to consider (and presumably the property owner was awarded) consequential damages to the adjoining remainder allegedly caused by the construction which subsequently took place on the parcel which was taken.

Appellee owned property on the north side of the Hillsboro Inlet in Broward County. This property was protected by a seawall along approximately 700 feet of its boundary. The Department of Transportation, desiring to build a new bridge across the inlet, instituted…

2Cases cited4 opinions

  1. Weir v. Palm Beach CountySupreme Court of Florida · 1956
  2. City of Tampa v. Texas CompanyDistrict Court of Appeal of Florida · 1958
  3. Cheshire v. State Road DepartmentDistrict Court of Appeal of Florida · 1966
  4. Paty v. Town of Palm BeachSupreme Court of Florida · 1947

3Cited by7 opinions

  1. Div. of Admin., State of Fla. v. FrenchmanDistrict Court of Appeal of Florida · 1985
  2. Kendry v. DIV. OF ADMIN., STATE DEPT. OF TRANSP.Supreme Court of Florida · 1978
  3. State v. DonahooDistrict Court of Appeal of Florida · 1982
  4. Certain Interested Underwriters at Lloyd's London Subscribing to Certificate No. TPCLDP217477 v. City of St. PetersburgDistrict Court of Appeal of Florida · 2003
  5. Howard Johnson Co. v. DIV. OF ADMIN., STATE, DEPT. OF TRANSP.District Court of Appeal of Florida · 1984

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