Florida Department of Agriculture and Consumer Services v. Cox

In an inverse condemnation action, the Department of Agriculture appeals the trial court’s order denying its request for costs as the prevailing party pursuant to section 57.041, Florida Statutes. This action involves the Department’s destruction of backyard citrus trees of homeowners in Broward County in the Department’s futile attempt to eradicate citrus canker in this state. 1 Even though the Department was defeated in its claim that no taking occurred, 2 and the jury awarded damages, which resulted in a net award to the class of plaintiffs of $4,000,000, when the Department argued that no…