Broward County v. Rhodes

STONE, Judge.

We reverse a partial summary judgment in an action for inverse condemnation holding the county liable for damages incident to the destruction of Plaintiffs’ bees in executing a mosquito control spray program. There is evidence that the mosquito spraying was an emergency measure designed to control an encephalitis crisis.

Appellees correctly assert that inverse condemnation applies to personal property. See State, Dep’t of Agric. and Consumer Servs. v. Mid-Florida Growers, Inc., 541 So.2d 1243 (Fla.2d DCA 1989), decision *320approved, in part, 570 So.2d 892 (Fla.1990); In re:…