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DIST. BD. OF TRUSTEES, DAYTONA BEACH COMMUNITY COLLEGE v. ALLEN

No. 81-1381.

428 So.2d 704 (1983)

The DISTRICT BOARD OF TRUSTEES OF the DAYTONA BEACH COMMUNITY COLLEGE, etc., Appellant, v. Jessie H. ALLEN, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 30, 1983.

Attorney(s) appearing for the Case

Peter B. Heebner, of Van Wert, Heebner & Kennedy, P.A., Daytona Beach, for appellant.

Christopher W. Wickersham, of Becks, Becks & Wickersham, Daytona Beach, for appellees.

DAUKSCH, Judge.

This is an appeal from an Order of the trial court which granted appellee's Motion to Dismiss the appellant's Petition in eminent domain. The Petition requested the court to make a finding of public necessity for the acquisition of nineteen parcels of land by eminent domain. Appellees Wehner are the property owners of one of the parcels.

Prior to filing the Petition, appellants adopted a resolution reciting the need for the acquisition.

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