Date: 09-22-1999

Case Style: Brevard County, Florida v. A. Duda & Sons, Inc.

Case Number: 98-4858

Judge: Lisa D. Kahn

Court: Circuit Court, Brevard County, Florida

Plaintiff's Attorney: Scott L. Knox County Attorney, Brevard Counry,Viera, FloridaEden Bentley Assistant County Attorney, Viera, Florida

Defendant's Attorney: Andrew Price Brigham of Brigham, Moore, Gaylord, Schuster,Merlin and Tobin, Jacksonville,FloridaAmy Boulris Brigham of Brigham, Moore, Gaylord,Schuster, Merlin and Tobin, Jacksonville, Florida

Description: Eminent Domain - Brevard County obtained and order to take 240 acres of property from the defendant in order to build artificial wetlands that would be used for disposal and treatment of the county's wastewater plant. This plant allows some of the partially-treated wastewater to drain into a canal that is owned by the defendant.. The plaintiff then filed an amended order stating that there should have also have been a request for an easement in the original order. The defendant raised questions about the pollutants the plaintiff would be dumping in their canal and claimed the value of the easement would be six million dollars and also alleged that environmental hazards would be introduced to their property as a result of the easement.

Outcome: There was no monetary award in this case.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: The order of the trial court was vacated and remanded with the directions of the District Court of Appeal of Florida, Fifth District.See 742 So.2d 476 (Fla.App 1999). Note; The above date reflects that of the trial court and not that of the original trial. Reported by jjb.