City Of Daytona Beach v. Tona-Rama, Inc.

294 So. 2d 73 (1974)

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Nature of the Case

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Facts

D has owned waterfront property in Daytona Beach for more than 65 years and operated on the property an ocean pier extending 1,050 feet over the Atlantic Ocean as a recreation center and tourist attraction. D secured a permit for and constructed the observation tower. The circular foundation of the tower is 17 feet in diameter and the diameter of the tower is four feet. It occupies an area of approximately 225-230 square feet of the 15,300 square feet of land to which D holds record title. The observation tower is an integral part of the pier and can only be entered from the pier. After the permit was issued, the tower was constructed at a cost of over $125,000. P operated an observation tower nearby and protested the issuance of the permit. P commenced this action against D for a declaratory judgment and injunctive relief to prevent the erection of D's public observation tower. In part, P alleged that by continuous use of the property for more than 20 years, the public had acquired an exclusive prescriptive right to the use of the land of D. The trial court entered a summary judgment in favor of P which was affirmed by the court of appeals. D appealed.