District Court of Appeal of Florida

A judgment awarding damages to the owner and operator of a landfill against a county and the Florida Department of Environmental Protection (DEP) is reversed where there was no evidence to support a determination that either the DEP or the county engaged in a taking of the property.

Appellate Information

• Decided 08/11/2006
• Published 08/11/2006

Judges

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Steven L. Brannock and David C. Borucke, of Holland & Knight LLP, Tampa, Scott J. Johnson of Holland & Knight, LLP, Orlando, and Jo O. Thacker, Osceola County Attorney, Kissimmee, for Appellant Osceola County, Florida., L. Kathryn Funchess, Assistant General Counsel, Department of Environmental Protection, Tallahassee, for Appellant Department of Environmental Protection., James L. Bennett, Chief Assistant County Attorney, Clearwater, for Amicus Curiae.


• For Appellees:
  
• Tracy A. Marshall, Mickey R.E. Ware, Dyana L. Petro and Monterey Campbell, of Gray, Robinson, P.A., Orlando, for Appellees.