Jones v. City of Tallahassee

DEKLE, Justice.

The conflict herein for issuance of the writ of certiorari is delineated in the related opinion filed this date of Ball v. City of Tallahassee, 281 So.2d 333 (Fla.1973). There we recite the rule of proof to which we adhere as it appears in our earlier cases of Canal Authority v. Miller, 243 So.2d 131 (Fla.1970); Canal Authority v. Litzel, 243 So.2d 135 (Fla.1970); and Wilton v. St. Johns County, 98 Fla. 26, 123 So. 527 (1929).

Applying the Canal Authority rule of proof for a showing of necessity of taking by the condemning authority, to the facts in this particular case, we find…