From Casetext: Smarter Legal Research

Port St. Lucie v. Bd., Cty. Commr

District Court of Appeal of Florida, Fourth District
Jun 22, 1994
638 So. 2d 202 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2512.

June 22, 1994.

Appeal from the Circuit Court for St. Lucie County; John E. Fennelly, Judge.

Michael Jeffries of Neill, Griffin, Jeffries Lloyd, Chartered, Ft. Pierce, for appellants.

Daniel S. McIntyre, St. Lucie County Atty., Ft. Pierce, for appellee-St. Lucie County.

Thornton J. Williams, General Counsel, and Gregory G. Costas, Asst. General Counsel, Tallahassee, for appellee-Florida Dept. of Transp.


Appellants own a shopping center at the northwest corner of the intersection of Prima Vista Blvd. and U.S. 1 in St. Lucie County. They brought this inverse condemnation action for loss of access because the Department of Transportation (D.O.T.) closed a median cut on Prima Vista Blvd., requiring eastbound motorists on Prima Vista to proceed to the traffic light at the intersection and then make a permitted U-turn in order to enter the shopping center from the westbound lane. Access from the westbound lane was not affected.

The trial court correctly concluded that there was no compensable loss of access because this case was indistinguishable from D.O.T. v. Capital Plaza, Inc., 397 So.2d 682 (Fla. 1981). We affirm on the basis of that decision, as well as D.O.T. v. Gefen, 636 So.2d 1345 (Fla. 1994), and D.O.T. v. Rubano, 636 So.2d 749 (Fla. 4th DCA 1994).

Affirmed.

GUNTHER, KLEIN and STEVENSON, JJ., concur.


Summaries of

Port St. Lucie v. Bd., Cty. Commr

District Court of Appeal of Florida, Fourth District
Jun 22, 1994
638 So. 2d 202 (Fla. Dist. Ct. App. 1994)
Case details for

Port St. Lucie v. Bd., Cty. Commr

Case Details

Full title:PORT ST. LUCIE SHOPPING CENTER ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 22, 1994

Citations

638 So. 2d 202 (Fla. Dist. Ct. App. 1994)