Daytona Beach v. Tona-Rama, Inc.

294 So. 2d 73 (1974)

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Daytona Beach v. Tona-Rama, Inc.

Florida Supreme Court
294 So. 2d 73 (1974)

SC
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Facts

The defendant owned waterfront property in Daytona Beach. The defendant operated a pier on the land, extending out into the ocean. The defendant provided games, activities, and other tourist attractions on the pier. The public had used the beach for recreation for countless years. The defendant obtained a permit for and began constructing a 176-foot observation tower on the beach near the pier. The tower was 17 feet in diameter. The plaintiff brought suit, alleging that the public had acquired a prescriptive easement in the beach and that the construction of the tower was inconsistent with that easement. The trial court ruled in favor of the plaintiff, finding that the public had acquired a prescriptive easement in the beach. The trial court ordered the tower to be removed. The court of appeal affirmed. The defendant appealed.

Rule of Law

Issue

Holding and Reasoning (Adkins, C.J.)

Dissent (Ervin, J.)

Dissent (Boyd, J.)

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