American Dive Center, Inc. v. State, Department of Transportation

This is an appeal by a business owner challenging a final summary judgment denying his entitlement to business damages in an eminent domain case. We reverse.

Appellant, American Dive Center, Inc., owns several scuba diving retail businesses in South Florida. In April of 1989, it purchased Scuba II, another dive shop. Although the name was changed almost immediately, the store nevér closed. Approximately one year later, in August of 1990, the appellee, Department of Transportation (DOT), commenced condemnation proceedings which included the location of the shop appellant had purchased from…