MH New Investments, LLC v. Department of Transportation

L-N-W Pizza [“L-N-W’] appeals the trial court’s summary final judgment dismissing L-N-Ws business damages claim in an eminent domain proceeding brought by the Florida Department of Transportation [“DOT”] to take land for a drainage easement.

MH New Investments, LLC, owned property which was the subject of DOT’s action, but L-N-W had a long term lease and had, for many years, operated a pizza restaurant and delivery business there. The area to be taken was a portion of the parking lot.

DOT sought dismissal of the business damages claim on the ground that L-N-W did not have an interest in the…