HomeMy WebLinkAbout2781 C.
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JOLX TERM 1979
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0. WAYNE ROLLINS, GARY W. )
ROLLINS and R. RANDALL ROLLINS, ) riOr[' FINAL U:1fit'ftME EXPIRES -
partners d/b/a R. G. W. ; 1,p REHEARING PETITION
COMPANY , ) ANDS ~ gq,~. DISPOSEb OF.
Appellants, )
v. - j CASE N0. 78-816.
DIVISION OF ADMINISTRATION, )
STATE OF FLORIDA, DEPARTMENT )
OF TRANSPORTATION and SOUTHERN ) .
TRe~SiIZSSIt`i~l CORE. , )
Appellees. )
Opinion filed July 18, 1979
Appeal from the Circuit Court for St.
Lucie County; Dwight L. Geiger, Judge.
. Richard V. Neill of Nei11, Griffin, Jeffries
& Lloyd, Chartered, Fort Pierce, for appellants.
H. Reynolds Samson, General Counsel, Fred Reedy,
- .Attorney, and Alan E. DeSerio, Attorney, Appellate
Section, State of Florida Department of Transportation,
-Tallahassee, for Appellee-Florida Department of -
Transportation.
DOj.'AIEY , C . J .
The Department of Trans?ortation condemned a small
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portion of appellants' land in conjunction with construction of
Interstate 95. Appellants' tract of land contained approximately
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~ 65~acres and had road frontage on Orange Avenue on the North side .
and Copenhaver Road on the West side. The Department of Trans-
portation took approximately 3 acres of said tract which left an
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entryway for access to Orange Avenue of only 58 feet. In addi-
tion, the interstate roadway intersected Copenhaver Road so that
Copenhaver Road was severed from the public road system except
for entry onto Orange Avenue.
~ A traffic engineer testified that as a result of the
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taking the remaining 62 acres could not be developed. as advanta-
geously as before. Appellants' appraiser, Zook, testified to sev-
erance damage in the amount of $181,051.00 due to. the limited
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