PALM BEACH COUNTY, APPELLANT,
v.
INLET BAY CLUB, INC., ET AL., APPELLEES
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The trial court's denial of an order of taking for land condemnation is affirmed because the appellate court found no reversible error in the record.
Palm Beach County sought to condemn land for public use, but the trial court denied the County's request for an order of taking, finding no necessity.…
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Palm Beach County undertook to condemn certain land for beach and recreational purposes. The trial court adjudicated a lack of necessity and denied the County’s request for an order of taking. The County appeals. We affirm.
The Legislature in its wisdom per Section 127.01(2), F.S.1971, F.S.A., decided that the necessity of taking in such cases would be an issue to be determined as an issue of fact and law by the trial court. This is to be done as commanded by the Legislature “ * * * without regard to or presumption in favor of any prior determination by the county commissioners or the exercise of discretion by them.” Clearly this means that the decision will be a de novo undertaking with the trial judge empowered to assign such weight to the testimony of the several witnesses as he is advised and to decide the matter just as any other contested issue is decided.
With this frame of reference we have examined the record and reviewed the comprehensive order on appeal. There is testimony one way and the other and, being faced with the presumption of correctness that attends the circuit court decision, we are unable to say that an error has been committed which requires reversal. See Peavy Wilson Lumber Co. v. County of Brevard, Fla.1947, 159 Fla. 311, 31 So.2d 483; Dade County v. Paxson, Fla.App.1972, 270 So.2d 455.
Affirmed.
CROSS and MAGER, JJ., concur.
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Dade Cnty. v. Oolite Rock Co., 311 So. 2d 699 (Fla. 3d DCA 1975)…would be required to show reasonable necessity and the landowners would be in a position of defending against the same. See Peavy-Wilson Lumber Co. v. County of Brevard, 159 Fla. 311, 31 So. 2d 483; Palm Beach County v. Inlet Bay Club, Fla.App.1973, 280 So. 2d 692. . At the fee hearing the attorney for the county stated : “We dismissed for a number of reasons. We are still under a mandate to acquire this property and as I publicly stated in the presence of these gentlemen before the County Commission, becaus…
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City OF Miami v. Plato COX, 313 So. 2d 443 (Fla. 3d DCA 1975)…a; Griffin v. City of Jacksonville, Fla.App.1974, 299 So. 2d 90, 91. The trial court’s determination on the issue of necessity arrives in this court clothed with a presumption of correctness. Palm Beach County v. Inlet Bay Club, Inc., Fla. App.1973, 280 So. 2d 692. Having reviewed the record in the context of the foregoing rules of law, and having found no error requiring reversal, the judgment on appeal is, therefore, affirmed. . Compare § 127.01(2), Fla.Stat.…
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Hillsborough Cnty. v. Lutz Realty & Inv. Co., 553 So. 2d 1320 (Fla. 2d DCA 1989)…s a trial “de novo ... with the trial judge empowered to assign such weight to the testimony of the several witnesses as he is advised and to decide the matter just as any other contested issue is decided.” Palm Beach County v. Inlet Bay Club, Inc., 280 So. 2d 692 (Fla. 4th DCA), cert. dismissed, 283 So. 2d 366 (Fla.1973). See also Peavy-Wilson Lumber Co. v. Brevard County, 159 Fla. 311, 31 So. 2d 483 [*1325] (1947).1 V. THE COUNTY’S EVIDENCE IN THE TRIAL COURT Hillsborough County went to trial on the assum…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Peavy-Wilson Lumber Co., Inc. v. Cnty. OF Brevard, 159 Fla. 311 (Fla. 1947)
- Dade Cnty. v. Paxson, 270 So. 2d 455 (Fla. 3d DCA 1972)