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David Efron, As Personal Representative of the v. Mora Development Corp., et al

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Before Torruella, Circuit Judge, Souter, Associate Justice, *fn1and Boudin, Circuit Judge.

As a fiduciary, appellant David Efron owned a parcel of land in Carolina, Puerto Rico, near two lots intended for construction by the appellee Mora Development Company. In 2002, the defendant Puerto Rico Highway and Transportation Authority (“PRHTA”) notified Efron of its plan to acquire the greater part of his land by condemnation, in aid of Mora’s project.

In November 2004, PRHTA filed a petition to condemn Efron’s property in the Court of First Instance of the Commonwealth of Puerto Rico, along with a deposit of proposed compensation. Efron’s motion to dismiss the condemnation proceeding was itself dismissed by the Commonwealth court, which ordered the transfer of ownership and possession to PRHTA.

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