SCHLESINGER

v.

SCHLESINGER

Citator

Cited By (101 total)

• KEY Haven Associated Enters., Inc. v. Bd. OF Trs. OF the Internal Improvement Tr. Fund, 427 So. 2d 153 (Fla. 1982)
  …ict court could require the state to institute condemnation proceedings. Estuary Properties, Inc. v. Askew, 381 So. 2d 1126 (Fla. 1st DCA 1979), rev’d on other grounds sub nom. Graham v. Estuary Properties, Inc., 399 So. 2d 1374 (Fla.) cert. denied, 454 U.S. 1083, 102 S.Ct. 640, 70 L.Ed.2d 618 (1981). We reject the assertion that this permit denial cannot be both proper and confiscatory. This case presents a much different situation than that presented in Kasser v. Dade County, 344 So. 2d 928 (Fla. 3d DCA 1…
• Dep't of Agric. & Consumer Servs. v. Mid-Florida Growers, Inc., 521 So. 2d 101 (Fla. 1988)
  …egulations enacted to combat the spread of canker, at the time they were made, were unnecessary or arbitrarily and capriciously applied. See Graham v. Estuary Properties, Inc., 399 So. 2d 1374, 1380-81 (Fla.), cert. denied sub nom. Taylor v. Graham, 454 U.S. 1083, 102 S.Ct. 640, 70 L.Ed.2d 618 (1981). The fact that healthy trees were confiscated does not supply that proof. Inherent in the decision of Nordmann v. Florida Department of Agriculture & Consumer Services, 473 So. 2d 278 (Fla. 5th DCA 1985), which…

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• Dep't OF Agric. & Consumer Servs. v. Polk, 568 So. 2d 35 (Fla. 1990)
  …tute may meet the standards necessary for exercise of the police power but still result in a taking.” Mid-Florida Growers, 521 So. 2d at 103; Albrecht, 444 So. 2d at 12; Graham v. Estuary Properties, Inc., 399 So. 2d 1374, 1381 (Fla.), cert. denied, 454 U.S. 1083, 102 S.Ct. 640, 70 L.Ed.2d 618 (1981). As noted above, the evidence and argument presented were properly limited to whether the actions of the Department constituted a taking requiring full and just compensation. The issue of the validity of the a…

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