Monday, June 21, 2004

DOT strategy to require fights over experts?

It looks like DOT has lost a series of cases in which it tried to fight the payment of the condmenee's expert witness fees, then tried to avoid paying the attorney's fees for the hearings required to establish and collect those fees. No less than three cases in the 2d DCA over a 2 month period:
EPIC v DOT - March 5
Ruby Robbins v DOT - March 24
Bay III v. DOT - June 4

Plus a 1st DCA case on the same issue - DOT v. Nassau Partners, 29 Fla. L. Weekly D 1330 (1st DCA June 3)

It's kind of difficult to think that the DOT didn't establish a concerted strategy of trying to squeeze folks who fought them in the condemnation proceedings or to accept lower settlements for the costs.

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