26-02385L

NOTICE TO SHOW CAUSE
AND NOTICE OF SUIT
IN THE CIRCUIT COURT IN AND FOR THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION NO.:
2026-CA-001103
PARCEL NO.: 117
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
Petitioner, vs.
MALCOLM C. BIGGAR; ET AL
Defendants.
STATE OF FLORIDA TO:
Any known or unknown natural person, and when described as such, the unknown spouse, heirs, devisees, grantees, creditors, or other parties claiming by, through, under the Estate of Robert W. Lunsford, or against any known or unknown person who is known to be dead or is not known to be either dead or alive
Any known or unknown natural person, and when described as such, the unknown spouse, heirs, devisees, grantees, creditors, or other parties claiming by, through, under the Estate of Glen D. Fox, or against any known or unknown person who is known to be dead or is not known to be either dead or alive
To all said Defendants who are living, and if any or all Defendants are deceased, the unknown spouse, heirs, devisees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such deceased defendant or defendants, if alive, and, if dead, their unknown spouse, heirs, devisees, legatees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such deceased Defendant or Defendants, and all other parties having or claiming to have any right, title, or interest in and to the property described in the Petition, to wit:
F.P. NO. 4419423
SECTION 12090-000 STATE ROAD 31 LEE COUNTY DESCRIPTION
PARCEL 117
ESTATE OR INTEREST TO BE OBTAINED: FEE SIMPLE - RIGHT OF WAY
That portion of Gov’t Lot 2, lying in the northwest 1/4 of Section 30, Township 43 South, Range 26 East, Lee County, Florida.
Being described as follows:
Commence at the southwest corner of the southwest 1/4 of said Section 30; thence along the west line of said southwest 1/4, North 00°42’47” West a distance of 402.64 feet to the intersection of the survey baseline of State Road 80 and the survey baseline of State Road 31; thence along the west line of said Section 30 and said survey baseline of State Road 31, continue North 00°42’47” West a distance of 2,763.64 feet; thence South 88°17’48” East a distance of 50.04 feet to the east existing right of way line of said State Road 31 (per Section 12620-2150) for a POINT OF BEGINNING; thence along said east existing right of way line North 00°42’47” West a distance of 400.00 feet; thence South 88°17’48” East a distance of 200.88 feet; thence South 12°13’44” West a distance of 127.05 feet; thence North 77°46’16” West a distance of 17.00 feet; thence South 12°13’44” West a distance of 106.31 feet to the beginning of a curve having a radius of 2,375.00 feet; thence along the arc of said curve to the left a distance of 175.24 feet through a central angle of 04°13’39” with a chord bearing South 10°06’55” West and a chord distance of 175.20 feet to the end of said curve; thence North 88°17’48” West a distance of 99.05 feet to the POINT OF BEGINNING.
Containing 1.324 acres
You are each notified that the Petitioner filed its Petition and its Declaration of Taking in this Court against you as Defendants, seeking to condemn by eminent domain proceedings the above described property located in the State of Florida, County of Lee.
The Defendants, and any other persons claiming any interest in the property described, are notified that the Petitioner will apply to the Honorable James Shenko, one of the Judges of this Court, on the 28th day of September, 2026, at 1:30 P.M., via Zoom:
Zoom ID: 309 868 7244
Zoom Link:
http://zoom.us/j/3098687244
for an Order of Taking in this cause. All Defendants to this suit may request a hearing at the time and place designated and be heard. Any defendant failing to file a request for hearing shall waive any right to object to the Order of Taking.
AND
The defendants, and any other persons claiming any interest in the property described, are hereby required to serve written defenses, if any, and request a hearing, if desired, to said Petition on:
CHRISTOPHER K. VOGEL
Florida Bar No. 343412
ASSISTANT GENERAL COUNSEL
STATE OF FLORIDA
DEPARTMENT OF
TRANSPORTATION
Post Office Box 1249
Bartow, Florida 33831
Telephone: (863) 519-2623
[email protected]
[email protected]
on or before the 27th day of August, 2026, and file the originals with the Clerk of this Court on that date, to show cause what right, title, interest, or lien you or any of you have in and to the property described in the Petition and to show cause, if any you have, why the property should not be condemned for the uses and purposes set forth in the Petition. If you fail to answer, a default may be entered against you for the relief
demanded in the Petition. If you fail to request a hearing on the Petition for Order of Taking you shall waive any right to object to said Order of Taking.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Brooke Dean, Operations Division Manager, whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1771, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
WITNESS MY HAND AND SEAL of said Court on the 22 day of June, 2026.
Kevin C. Karnes
CLERK OF THE CIRCUIT COURT
(SEAL) BY: N Wright-Angad
Deputy Clerk
CHRISTOPHER K. VOGEL
Florida Bar No. 343412
ASSISTANT GENERAL COUNSEL
STATE OF FLORIDA
DEPARTMENT OF
TRANSPORTATION
Post Office Box 1249
Bartow, Florida 33831
Telephone: (863) 519-2623
[email protected]
[email protected]
June 26; July 3, 2026 26-02385L

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