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Leeberg v. Department of Transp

District Court of Appeal of Florida, Fifth District
Jul 24, 1998
714 So. 2d 1159 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-3420

July 24, 1998

Non-Final Appeal from the Circuit Court for Sumter County, Hale R. Stancil, Judge.

Jerri A. Blair of Blair Reid, Tavares, for Appellant.

Pamela S. Leslie, General Counsel, and Vance W. Kidder, Assistant General Counsel, Department of Transportation, for Appellee.


We affirm the order of taking on the authority of City of Jacksonville v. Griffin, 346 So.2d 988 (Fla. 1977). Pasco County v. Franzel, 569 So.2d 877 (Fla. 2d DCA 1990) and Florida Power Corp. v. Gulf Ridge Council, 385 So.2d 1155 (Fla. 2d DCA 1980) are distinguishable on the bases that in this case DOT undertook extensive studies of the drainage issue and adduced substantial competent evidence that the drainage sites it selected were the most reasonable based on economics as well as the drainage pattern in the area. DOT's failure to take into consideration concerns and objections of local government entities does not, of itself, preclude the taking of the appellant's property. See City of Dania v. Broward County, 658 So.2d 163 (Fla. 4th DCA 1995).

There is no indication that the drainage sites violate local government comprehensive plans which were in effect when the taking proceedings were instituted. See § 339.155(2)(f), Fla. Stat.

AFFIRMED.

THOMPSON and ANTOON, JJ., concur.


Summaries of

Leeberg v. Department of Transp

District Court of Appeal of Florida, Fifth District
Jul 24, 1998
714 So. 2d 1159 (Fla. Dist. Ct. App. 1998)
Case details for

Leeberg v. Department of Transp

Case Details

Full title:ALBERT LEEBERG, Appellant, v. DEPARTMENT OF TRANSPORTATION, STATE OF…

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 24, 1998

Citations

714 So. 2d 1159 (Fla. Dist. Ct. App. 1998)