JOSEPH WEISENFELD, ETC., PETITIONER,
v.
DEPARTMENT OF TRANSPORTATION, RESPONDENT
JOSEPH WEISENFELD, ETC., PETITIONER,
DEPARTMENT OF TRANSPORTATION, RESPONDENT
640 So. 2d 73
Florida Supreme Court (1994)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
We review Department of Transportation v. Weisenfeld, 617 So. 2d 1071 (Fla. 5th DCA 1993), because of its conflict with Tampa-Hillsborough County Expressway Authority v. A.G.W.S. Corp., 608 So. 2d 52 (Fla. 2d DCA 1992). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution.
Recently, we quashed the Second District Court of Appeal decision in A.G.W.S. Corp. Tampa-Hillsborough County Expressway Authority v. A.G.W.S. Corp., 640 So. 2d 54 (Fla.1994). Accordingly, we approve the decision below.
It is so ordered.
GRIMES, C.J., OVERTON, SHAW, KOGAN and HARDING, JJ., and MeDONALD, Senior Justice, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Gardens Country Club, Inc. v. Palm Beach Cnty., 712 So. 2d 398 (Fla. 4th DCA 1998)…ay Authority v. A.G.W.S. Corp., 640 So. 2d 54 (Fla.1994), the supreme court explained the difference, quoting from Judge Griffin’s concurring opinion in Department of Transportation v. Weisenfeld, 617 So. 2d 1071, 1080 (Fla. 5th DCA 1993), approved, 640 So. 2d 73 (Fla.1994), as follows: The fifth amendment contains two discrete protections: “No person shall ... be deprived of ... property, without due process of law; nor shall private property be taken for public use, without just compensation.” U.S. Const,…
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Golf Club OF Plantation, Inc. v. City OF Plantation, 717 So. 2d 166 (Fla. 4th DCA 1998)…its interference with reasonable investment-backed expectations, and the character of the government action — that have particular significance) (citations omitted); Department of Transp. v. Weisenfeld, 617 So. 2d 1071 (Fla. 5th DCA 1993), approved, 640 So. 2d 73 (1994) (extent of deprivation and interference with use of property are issues of fact); Gardner v. New Jersey Pinelands Comm’n, 125 N.J. 193, 593 A. 2d 251 (1991) (application of takings principles requires a fact-sensitive examination of the regul…
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Palm Beach Cnty. v. Wright, 641 So. 2d 50 (Fla. 1994)…Weisenfeld, 617 So. 2d 1071 (Fla. 5th DCA 1993) (In deciding whether a governmental regulation deprives an owner of substantially all economically beneficial use of land, the owner’s affected property interest must be viewed as a whole.), approved, 640 So. 2d 73 (Fla.1994). Normally, we would expect the issue to be precipitated by a property owner’s application for a development permit. By virtue of the county’s response, the owner will then know what can be done with the property. In any event, an aggrieve…
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- Tampa-Hillsborough Cnty. Expressway Auth. v. A.G.W.S. Corp., 640 So. 2d 54 (Fla. 1994)
- Dep't OF Transp. v. Weisenfeld, 617 So. 2d 1071 (Fla. 5th DCA 1993)
- Tampa-Hillsborough Cnty. Expressway Auth. v. A.G.W.S. Corp., 608 So. 2d 52 (Fla. 2d DCA 1992)