Daytona Beach v. Tona-Rama, Inc.
Florida Supreme Court
294 So. 2d 73 (1974)
Relevant factsFree
Tona-Rama (defendant) operated a pier with tourist attractions on waterfront property the public had long used for recreation, then obtained a permit and began building a 176-foot observation tower nearby; the city (plaintiff) sued, alleging the public had acquired a prescriptive easement in the beach that the tower's construction violated, and the trial court and court of appeal agreed, ordering the tower removed.
IssueFree
Whether, to obtain an easement by prescription, the use of the land must be inconsistent with the landowner's use and enjoyment of his land.