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City of North Miami Beach v. Reed

District Court of Appeal of Florida, Third District
Feb 16, 2000
749 So. 2d 1275 (Fla. Dist. Ct. App. 2000)

Summary

affirming a takings determination where curb construction cut off access to landowner's parking spaces

Summary of this case from USA Independence MobileHome Sales, Inc. v. City of Lake City

Opinion

No. 3D99-2578.

Opinion filed February 16, 2000.

Appeal from a non-final order from the Circuit Court for Dade County, Paul Siegel, Judge, L.T. No. 97-14532.

Howard B. Lenard, City Attorney, and Darcee S. Siegel, Assistant City Attorney; Arnold M. Weiner, for appellant.

Lukacs Lukacs and John C. Lukacs, for appellees.

Before GODERICH, GREEN and RAMIREZ, JJ.


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.


Summaries of

City of North Miami Beach v. Reed

District Court of Appeal of Florida, Third District
Feb 16, 2000
749 So. 2d 1275 (Fla. Dist. Ct. App. 2000)

affirming a takings determination where curb construction cut off access to landowner's parking spaces

Summary of this case from USA Independence MobileHome Sales, Inc. v. City of Lake City
Case details for

City of North Miami Beach v. Reed

Case Details

Full title:CITY OF NORTH MIAMI BEACH, Appellant, v. H. RANDOLPH REED, et al.…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 16, 2000

Citations

749 So. 2d 1275 (Fla. Dist. Ct. App. 2000)

Citing Cases

USA Independence MobileHome Sales, Inc. v. City of Lake City

538 So.2d at 847. See also City of N. Miami Beach v. Reed, 749 So.2d 1275, 1275 (Fla. 3d DCA 2000) (affirming…

City, North Miami Beach v. Reed

This decision was previously affirmed by this court. See City of North Miami Beach v. Reed, 749 So.2d 1275…