Opinion
No. 78-1449.
June 5, 1979. Rehearing Denied July 5, 1979.
Appeal from the Circuit Court, Dade County, Dan Satin, J.
Carey, Dwyer, Cole, Selwood Bernard and Steven R. Berger, Miami, for appellant.
Stuart L. Simon, County Atty., and Murray A. Greenberg, Asst. County Atty., for appellee.
Before HENDRY, HUBBART and KEHOE, JJ.
Reversed and remanded with directions to grant a new trial. We find that the trial court erred by allowing the jury to consider the effect of a zoned right-of-way on the value of the property taken in an eminent domain proceeding. Dade County v. Still, 370 So.2d 64 (Fla.3d DCA 1979).
Based upon our decision on appellant's first point, we need not reach the remaining points in this opinion.
Reversed and remanded with directions.