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BOOTHE v. MANATEE COUNTY, FLA.

No. 86-3030.

812 F.2d 1372 (1987)

Heidi H. BOOTHE, Plaintiff-Appellant, v. MANATEE COUNTY, FLORIDA, Defendant-Appellee, Florida Dept. of Transportation, Intervenor-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied April 29, 1987.

Attorney(s) appearing for the Case

Steven G. Schember, Dykema, Gossett, Spencer, Goodnow & Trigg, Sarasota, Fla., for plaintiff-appellant.

Lane, Trohn, Bertrand & Williams, Lynn H. Groseclose, Charles T. Canady, A.H. Lane, Bradenton, Fla., for Manatee Cty.

James W. Anderson, Dept. of Transp., Franz Eric Dorn, Tallahassee, Fla., for Fla. DOT.

Before JOHNSON and ANDERSON, Circuit Judges, and GARZA, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 29, 1987.

PER CURIAM:

In this case, Boothe asserts that the title to Tallevast Road, on which her property faces, was taken without just compensation and without due process. Boothe challenges the constitutionality of Fla.Stat. Ann. § 95.361 (West 1982) which provides in relevant part as follows:

(1) When a road, constructed by a county, a municipality, or...

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