CITY OF NORTH MIAMI BEACH, APPELLANT,
v.
H. RANDOLPH REED, ET AL., APPELLEES
PER CURIAM.
The City of North Miami Beach appeals from an adverse partial final summary judgment. We affirm.
The trial court properly found that when the City of North Miami Beach built a concrete curb along the frontage of the plaintiffs’ property, it deprived the plaintiffs of their right of access to their property and their lawful parking spaces thereon. Further, the trial court properly concluded that this deprivation of the right of access to the plaintiffs’ property constituted a “taking” without full compensation. Palm Beach County v. Tessler, 538 So. 2d 846 (Fla.1989); State, Dep’t of Transp. v. Stubbs, 285 So. 2d 1 (Fla.1973); Anhoco Corp. v. Dade County, 144 So. 2d 793 (Fla.1962).
Accordingly, we affirm the entry of partial summary judgment in favor of the plaintiffs and remand for further proceedings consistent with this opinion.
Affirmed.
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City OF N. Miami Beach v. Reed, 863 So. 2d 351 (Fla. 3d DCA 2003)…of their properties. The trial court granted partial summary judgment in the property owners’ favor and declared that the City’s action constituted a taking. This decision was previously affirmed by this court. See City of North Miami Beach v. Reed, 749 So. 2d 1275 (Fla. 3d DCA2000). The jury awarded $20,700 to the Reeds and $22,950 to the St. Germaines, plus prejudgment interest and costs. Additionally, they recovered $23,726.52 in expert fees. The City has not challenged these awards, only the subsequent as…
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USA Independence Mobilehome Sales, Inc. v. City OF Lake City, 908 So. 2d 1151 (Fla. 1st DCA 2005)…access where the construction of a retention wall left the respondent and its customers with only an “indirect winding route of some 600 yards through a primarily residential neighborhood.” 538 So. 2d at 847. See also City of N. Miami Beach v. Reed, 749 So. 2d 1275, 1275 (Fla. 3d DCA 2000) (affirming a takings determination where curb construction cut off access to landowner’s parking spaces); Fla. Dep’t of Transp. v. Kreider, 658 So. 2d 548, 549-50 (Fla. 4th DCA 1995) (finding a substantial loss of access whe…
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Hurley Lee Brown v. State, 756 So. 2d 230 (Fla. 3d DCA 2000)…remand the case for resentencing “in accordance with the valid laws in effect at the time [Brown] committed [his] offenses.” Thompson, 750 So. 2d at 649. Affirmed in part, reversed in part, and remanded for resentencing. . See also Roger v. State, 749 So. 2d 1275 (Fla. 3d DCA 2000); accord Thompson v. State, 708 So. 2d 315, 317 n. 1 (Fla. 2d DCA 1998).…
Authorities Cited
- Palm Beach Cnty. v. Tessler, 538 So. 2d 846 (Fla. 1989)
- Anhoco Corp. v. Dade Cnty., 144 So. 2d 793 (Fla. 1962)
- State of Fla. Dep't OF Transp. v. Stubbs, 285 So. 2d 1 (Fla. 1973)