HARBIYA K. ABU-KHADIER vs THE CITY OF FORT MYERS, FLORIDA

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT HARBIYA K. ABU-KHADIER, Appellant, v. CITY OF FORT MYERS, a Florida municipal corporation, Appellee. Opinion filed November 25, 2020. Appeal from the Circuit Court for Lee County; James R. Shenko, Judge. John N. Bogdanoff of The Carlyle Appellate Law Firm, Orlando; and William M. Powell of Powell, Jackman, Stevens & Ricciardi, P.A., Cape Coral, for Appellant. Theodore L. Tripp, Jr., Joel W. Hyatt, and Jeffrey S. Haut of Hahn Loeser & Parks LLP, Fort Myers; and Grant W. Alley of City of Fort Myers, Fort Myers, for Appellee. PER CURIAM. ) ) ) ) ) ) ) ) ) ) ) Case No. 2D19-1072 Affirmed. See Abu-Khadier v. City of Fort Myers, 2D18-3068; City of Pompano Beach v. Yardarm Rest., Inc., 834 So. 2d 861, 865-66 (Fla. 4th DCA 2002) (noting same result required in claim for taking under Florida Constitution as under U.S. Constitution). NORTHCUTT and CASANUEVA, JJ., Concur. ATKINSON, J., Dissents. -2-

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