MH New Investments v. Department of Transportation

MH New Investments went to court over an eminent domain dispute. The company owned property leased by L-N-W Pizza. The Department of Transportation needed a portion of the parking lot and acquired it by eminent domain.

L-N-W Pizza (L-N-W) filed a complaint for business damages resulting from the partial eminent domain taking. However, the court dismissed the business damages claim because the restaurant was only leasing the driveway and parking lot, and therefore, only held a license to use it. Because a license will not support a business damages claim under section 73.071 (3)(b), Florida Statutes, the trial court dismissed the claim.

However, in an appeal, it was argued that L-N-W had "an express and enforceable right to use the areas at issue for the term of the lease. This is sufficient to support a claim for business damages in eminent domain." Night Flight, Inc. v. Tampa-Hillsborough County Expressway Auth. 702 So. 2d 538 (Fla. 2d DCA 1997).