Legal Opinion

State, Department of Transportation v. Miccosukee Village Shopping Center

District Court of Appeal of Florida

Decided July 7, 1993No. 92-989PublishedCited by 2 opinions

1Opinion of the Court

ON MOTION FOR REHEARING

2Per curiam

We grant the Department of Transportation’s Motion for Rehearing, withdraw our previous opinion, and substitute the following opinion therefor.

This case originated below as an inverse condemnation proceeding and involves the issue of whether the mere inclusion of ap-pellees’ property within the boundaries of the map of reservation filed by the Department of Transportation pursuant to subsection 337.241(1), Florida Statutes (1987), amounted to a per se taking under the supreme court’s decision in Joint Ventures, Inc. v. Department of Transportation, 563 So.2d 622…

3Cases cited4 opinions

  1. Joint Ventures, Inc. v. Dept. of Transp.Supreme Court of Florida · 1990
  2. Department of Transp. v. WeisenfeldDistrict Court of Appeal of Florida · 1993
  3. Orlando/Orange County Expressway Authority v. W & F Agrigrowth-Fernfield, Ltd.District Court of Appeal of Florida · 1991
  4. Tampa-Hillsborough County v. AGWSDistrict Court of Appeal of Florida · 1992

4Cited by2 opinions

  1. Tampa-Hillsborough Expressway v. AGWSSupreme Court of Florida · 1994
  2. Miccosukee Village Shopping Center v. Department of TransportationSupreme Court of Florida · 1994

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