District Court of Appeal of Florida

Orders rejecting landowners' constitutional challenges to the Community Redevelopment Act, Fla. Stat. sections 163.330-.463, and allowing the taking of their property via eminent domain are affirmed over claims that the condemnation of their property did not serve a public purpose because their property was not blighted, and that their property was not blighted because the definition of "blighted area" was unconstitutionally vague, both facially and as applied.

Appellate Information

• Decided 05/31/2006
• Published 05/31/2006

Judges

• WHATLEY, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• S. William Moore and Amy Brigham Boulris of Brigham Moore, LLP, Miami, for Appellants Maureen Fulmore, Lewis J. Dorsch, Janette McGibbon, Tamora A. Trainor-Kozak, Marlene E. Trainor, Judith A. Hoover, Allana Kondisko, Joseph R. Kondisko, Raymond Lee, Kevin Lee, Allen J. Wagner, Melvin Schlauch, Genevieve M. Blair, Curtis D. Cumming, Ruth A. Cumming, Bruce L. Tippin, James D. Tippin and William W. Dugan., Ellen J. Neil of Gaylord, Merlin, Diaz, and Bain, Boca Grande, for Appellants Donald and Lela Replogle and Keryn P. Newman., No appearance for Appellants Edward DePaiva, Elizabeth DePaiva and Teresa Berchtold., Valerie A. Fernandez, Coral Gables, for Amicus Curiae Pacific Legal Foundation.


• For Appellees:
  
• John H. Pelzer and Robert J. Gill of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for Appellees.