Department of Transportation v. Lake Beulah Groves, Ltd.

District Court of Appeal of Florida

Department of Transportation v. Lake Beulah Groves, Ltd.

617 So. 2d 1089, 1993 Fla. App. LEXIS 5173, 1993 WL 134091

CourtDistrict Court of Appeal of Florida

DecidedApril 30, 1993

DocketNo. 91-2167

StatusPublished

This text of 617 So. 2d 1089 (Department of Transportation v. Lake Beulah Groves, Ltd.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Department of Transportation v. Lake Beulah Groves, Ltd., 617 So. 2d 1089, 1993 Fla. App. LEXIS 5173, 1993 WL 134091 (Fla. Ct. App. 1993).

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Opinions

PER CURIAM.

In this case the trial court entered a partial summary judgment finding that the plaintiff had suffered a temporary taking of its property as the result of the filing of [1090]*1090a map of reservation. The judgment was based upon our opinion in Orlando/Orange County Expressway Authority v. W & F Agrigrowth-Fernfield, Ltd., 582 So.2d 790 (Fla. 5th DCA 1991).

We reverse the instant summary judgment for the reasons set forth in our recent opinion of Department of Transportation v. Weisenfeld, 617 So.2d 1071 (Fla. 5th DCA 1993), and for the further reason that the summary judgment below was entered in the face of conflicting factual affidavits.

REVERSED AND REMANDED.

COBB and HARRIS, JJ., concur. GOSHORN, C.J., dissents with opinion.

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