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Paul D. Bain

Paul Bain’s Legal Cases

11 total


  • Pichowski v. Florida Gas Transmission Co.

    Practice Area:
    Real Estate
    Date:
    Aug 08, 2003
    Outcome:
    Owner defeated private gas company taking.
    Description:
    Natural gas transmission company sought landowners' property under quick take provisions of eminent domain statutes. The Circuit Court, Hillsborough County, Daniel E. Gallagher, J., entered judgment for transmission company. Landowners appealed. The District Court of Appeal, Silberman, J., held that transmission company was not a "public utility" entitled to use the quick take provision of eminent domain statutes.
  • Winn-Dixie Stores, Inc. v. Department of Transp.

    Practice Area:
    Real Estate
    Date:
    Jan 22, 2003
    Outcome:
    Tenant successfully claimed apportionment
    Description:
    Lessee of store in shopping center sought apportionment of condemnation proceeds and opposed lessor's motion to release escrowed funds received from the Department of Transportation after Department condemned portion of shopping center's parking lot. The Circuit Court, Polk County, Dennis P. Maloney, J., granted lessor's motion and denied apportionment. Lessee appealed. The District Court of Appeal, Stringer, J., held that lessee had leasehold interest in parking lot, entitling it to apportionment of condemnation proceeds.
  • Amoco Oil Company v. State Dept. of Transp.

    Practice Area:
    Real Estate
    Date:
    Jun 06, 2000
    Outcome:
    Business entitled to fees for posttrial proceeding
    Description:
    Following settlement in eminent domain proceeding, the Circuit Court, Duval County, Michael R. Weatherby, J., denied landowner's motion to tax supplemental attorney fees and costs. Landowner appealed. The District Court of Appeal held that matter of attorney fees had been fully resolved by parties' own agreement.
  • State Dept. of Transp. v. Three Flags Properties, Inc.

    Practice Area:
    Real Estate
    Date:
    Jan 01, 1998
    Outcome:
    Owner entitled to compensation for TIITF lands
    Description:
    Appellate court affirmed trial court's ruling in eminent domain proceedings that 1941 Trustees of the Internal Improvement Trust Fund (TIITF) reservation covering a portion of the landowner's property along State Road 44 was not valid and in effect when FDOT took additional property from owner for road widening. FDOT obligated to pay compensation to owner for properties subject to 1941 TIITF reservation.
  • M&C Associates, Inc. v. Department of Transp.

    Practice Area:
    Real Estate
    Date:
    Nov 01, 1996
    Outcome:
    Business recovered damages caused by construction
    Description:
    Motel owner moved to enforce provision in final judgment incorporating eminent domain settlement agreement between owner and Department of Transportation that granted court jurisdiction to assess damages to pool caused by construction. The Circuit Court, Polk County, Susan W. Roberts, J., struck motion. Owner appealed. The District Court of Appeal held that owner, Department, and trial court were bound by terms of settlement agreement, including provision reserving to court jurisdiction to assess damages to pool resulting from construction.
  • Caulk v. Orange County

    Practice Area:
    Real Estate
    Date:
    Oct 20, 1995
    Outcome:
    Owner successfully defended predecessor's claim.
    Description:
    County brought condemnation action against landowner. Predecessor-in-title moved to intervene, claiming part interest in condemnation proceeds based on covenant language in deed which conveyed her interest in subject land. The Circuit Court, Orange County, William C. Gridley, J., granted motion, but denied apportionment of proceeds. Predecessor-in-title appealed. The District Court of Appeal, Peterson, C.J., held that: (1) covenant regarding condemnation proceeds did not touch and concern land, and (2) such covenant was not intended to run with land.
  • State Dept. of Transp. v. Checkers Drive-In Restaurants, Inc.

    Practice Area:
    Real Estate
    Date:
    Dec 17, 1998
    Outcome:
    Veterinary clinic defeated FDOT's off-site cure
    Description:
    Circuit court in eminent domain proceedings ruled that FDOT's calculation of business damages to veterinary clinic which speculated moving clinic off-site within either (1) a two mile radius or (2) a three to five mile radius of the existing location was inadmissible since it involved land outside the owner's property subject to FDOT's partial taking.
  • State Dept. of Transp. v. IRT Properties, Inc.

    Practice Area:
    Real Estate
    Date:
    Sep 11, 1998
    Outcome:
    Owner entitled to fees for posttrial proceedings
    Description:
    Where Department of Transportation elected to litigate defendant's motion to tax costs after final judgment had been entered, attorney's fees and costs incurred by defendant in connection with that litigation were incurred in ``supplemental proceedings,'' and defendant was entitled to recover those fees and costs from FDOT
  • State Dept. of Transp. v. Robbins & Robbins, Inc.

    Practice Area:
    Real Estate
    Date:
    May 01, 2008
    Outcome:
    Business defeated total taking of property.
    Description:
    Eminent domain -- Department of Transportation's motion for leave to amend its eminent domain petition, under which it acquired a partial taking, in order to acquire remainder of property for purpose of eliminating claims for business and severance damages stemming from partial taking is denied -- Condemnor cannot convert partial taking to whole taking after title has vested from the partial taking -- Title vested in Department and right to compensation for partial taking vested in property owners on date Department deposited its estimate of value into court registry -- Further, DOT failed to negotiate in good faith and issue required notices for additional property it seeks to acquire in amended petition -- Resolution attached to petition authorized only a partial taking and authorized acquisition for road construction, not for purposes of limiting acquisition costs, and DOT failed to attach authorizing resolution to its motion for leave to amend
  • State Dept. of Transp. v. Cenland Associates

    Practice Area:
    Real Estate
    Date:
    Apr 04, 1997
    Outcome:
    Owner recovers non-monetary benefit attorney's fee
    Description:
    Award of attorney's fees in eminent domain proceedings, in which counsel for defendant corporation obtained higher purchase price for defendant than that offered by Department of Transportation and non-monetary benefits, including variances from county for business identification sign, landscape buffers, and provisions in final judgment requiring FDOT to provide driveways/curbcuts to defendant's business and to accept defendant's stormwater retention requirements.