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JONES v. BROWN

82 So.2d 889 (1955)

Wilbur E. JONES, as Chairman, and Albert L. Rogero, Earl P. Powers, Richard H. Simpson and Campbell Thornal, as members of the State Road Department of the State of Florida, as and constituting the State Road Department of the State of Florida, Petitioners, v. Sarah H. BROWN, Respondent.

Supreme Court of Florida, Special Division A.

Rehearing Denied November 7, 1955.

Attorney(s) appearing for the Case

Bryan W. Henry, Miami, for petitioners.

Neill S. Jackson and Hull, Landis, Graham & French, DeLand, for respondent.

TERRELL, Justice.

Volusia County brought suit pursuant to Section 341.22, F.S., F.S.A., to condemn certain right-of-way facilities for storm sewers and pipelines essential to construct State Road 40. The respondent filed complaint alleging that drainage from the facilities proposed to be constructed would destroy her fresh water lake of peculiar and great value to her and prayed that they be enjoined. A motion to dismiss the complaint was overruled and petitioners...

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