State, Dept. of Transp. v. DiGerlando

Full title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLANT, v. JOSEPH…

Court: District Court of Appeal of Florida, Second District

Date published: Dec 9, 1992

609 So. 2d 165 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-02178.

December 9, 1992.

Appeal from nonfinal order of the Circuit Court for Hillsborough County; John M. Gilbert, Judge.

Thornton J. Williams, General Counsel, and Thomas F. Capshew, Asst. General Counsel, Florida Dept. of Transp., Tallahassee, for appellant.

Robert C. Sanchez of Trenam, Simmons, Kemker, Scharf, Barkin, Frye O'Neill, P.A., Tampa, for appellee.

PER CURIAM.

Affirmed. See Tampa-Hillsborough County Expressway Auth. v. A.G.W.S. Corp., 608 So.2d 52, (Fla. 2d DCA 1992). As in the cited case, we certify the following question to the supreme court:

WHETHER ALL LANDOWNERS WITH PROPERTY INSIDE THE BOUNDARIES OF INVALIDATED MAPS OF RESERVATION UNDER SUBSECTIONS 337.241(2) AND (3), FLORIDA STATUTES (1987), ARE LEGALLY ENTITLED TO RECEIVE PER SE DECLARATIONS OF TAKING AND JURY TRIALS TO DETERMINE JUST COMPENSATION.

DANAHY, A.C.J., and HALL and PATTERSON, JJ., concur.