Florida/Georgia Personal Injury & Workers Compensation

accomplished "without breach of the peace." See id. § 336.9-503. The conditional nature of the secured party's

remedies, for a de novo determination. 8 C.F.R. § 336.9(d). In response, Plaintiff argues that the Court

insufficient to prove or show an intent to abandon. Section 336.09, Florida Statutes, F.S.A., provides that the

...aintain the same, and later by resolution or other official action (short of abandonment) relieve itself of all duties with respect to maintenance of such roads. 1 Clearly, the county had the authority to vacate or abandon the roads altogether under section 336.09, Florida Statutes, which provides, in part, that [county] commissioners, with respect to property under their control, ......

unincorporated area of the county, as authorized by section 336.09, Florida Statutes, without the consent of the

...The amended complaint alleged, among other things, that: appellants owned properties or businesses adjoining the portion of Old U.S. 98 referred to in Resolution 89-101; in enacting Resolution 89-101, the commission failed to follow the procedural requirements of sections 336.08, 336.09, and 336.10, Florida Statutes (1989); the commission abused its discretion by vacating, abandoning, discontinuing, and closing the disputed portion of Old U.S....

...Third, the allegations of the amended complaint are facially sufficient to state a cause of action for declaratory and in-junctive relief based on allegations that the notices of the public hearing failed to comply with the statutory requirements of sections 336.09 and 336.10, Florida Statutes (1989). Section 336.09 provides in pertinent part: (1) The commissioners, with respect to property under their control may in their own discretion, and of their own motion, or upon the request of any agency of the state, or of the federal government, or upon...

...ed in the third notice. Accepting the allegations of the amended complaint as true, which we must in testing its legal sufficiency on a motion to dismiss, they are sufficient to allege a cause of action for violations of the requirements of sections 336.09 and 336.10....

...o a unanimously passed motion urging the Department, the Governor, and the Cabinet to keep the “transferred” portion of Old U.S. 98 open. These alleged deficiencies are sufficient to require the court to take evidence on compliance with sections 336.09 and 336.10 regarding the notices of the public hearing at which the motion authorizing Resolution 89-101 was adopted....

...legally sufficient to state a cause of action for declaratory and injunctive relief based on the failure of the public hearing, as conducted by the county commissioners, to afford procedural due process, in violation of the requirements of sections 336.09 and 336.10....

...Within those limitations, however, participants must be afforded fair opportunity “to present evidence and argument ... appropriate to inform it of their contentions. ” (Emphasis added). These same considerations are pertinent and applicable to public hearings under sections 336.09 and 336.10....

...s. 30.186a. Hence, absent a determination by the county commission that the general public welfare would benefit from vacation, it should not be accomplished, and in any event, the roads or streets can be vacated only in accordance with the statute [section 336.09]_ 1978 Op.Att’y Gen.Fla. 078-119 (September 27, 1978). We agree that sections 336.09 and 336.10 contemplate a finding by the commission that the closing is in the best interest of the public and that this finding should be set forth in the commission’s resolution or order....