Orlando/Orange County Expressway v. Tuscan Ridge, LLC

This eminent domain case is here for the second time. In Orlando/Orange County Expressway Authority v. Tuscan Ridge, LLC, 84 So.3d 410 (Fla. 5th DCA 2012), we reversed Appellee landowners’ attorney’s fee award, determined under section 73.092(2), Florida Statutes (2006), and remanded with instructions that the trial court recalculate the fee using section 73.092(1), unless it declared section 73.092(1) unconstitutional as applied to the facts of this case. On remand, the trial court did just that — ruling that, because Appellant had been the cause of “excessive litigation,” the utilization of…