BROWN

v.

SMITH, WARDEN

Citator

Cited By (131 total)

• Hillsborough Cnty. v. Onelia Gutierrez and Angel Gutierrez, 433 So. 2d 1337 (Fla. 2d DCA 1983)
  …ly ousted and deprived of all beneficial enjoyment of their real and personal property. We agree to an extent. This court observed in Dudley v. Orange County, 137 So. 2d 859 (Fla. 2d DCA 1962), appeal dismissed, 146 So. 2d 379 (1962), cert. denied, 372 U.S. 959, 83 S.Ct. 1014, 10 L.Ed.2d 12 (1963): The record here does not show a continuous flooding for a long period of time in order to work an almost complete destruction of the value of the land in order to destroy its value entirely, inflicting [*1340]…
• Assocs. OF Meadow Lake, Inc. v. City OF Edgewater, 706 So. 2d 50 (Fla. 5th DCA 1998)
  …: [T]he flooding must constitute an actual, permanent invasion of the land, amounting to an appropriation of, and not merely an injury to, the property. Nichols quoting Dudley v. Orange County, 137 So. 2d 859, 863 (Fla. 2d DCA 1962), cert. denied, 372 U.S. 959, 83 S.Ct. 1014, 10 L.Ed.2d 12 (1963). The Dudley court found that no taking occurred because the record failed to show that the plaintiffs property was continuously flooded for a long period of time. The flooding that took place in Dudley was not c…
• VLX Props., Inc. v. S. States Utils., Inc., 701 So. 2d 391 (Fla. 5th DCA 1997)
  …395 (Fla. 2d DCA 1973); Bensch v. Metropolitan Dade Co., 541 So. 2d 1329 (Fla. 3d DCA 1989), rev. denied, 549 So. 2d 1013 (Fla.1989); Dudley v. Orange County, 137 So. 2d 859 (Fla. 2d DCA 1962), appeal dis’d, 146 So. 2d 379 (Fla.1962), cert. denied, 372 U.S. 959, 83 S.Ct. 1014, 10 L.Ed.2d 12 (1963). VLX also asserts that the trial court incorrectly concluded that VLX, at the time it acquired the property from LTIF, was on constructive notice of SSU’s pipeline easement encumbering VLX’s property. In 1990,…