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BLANTON v. CITY OF PINELLAS PARK

No. SC03-1685.

887 So.2d 1224 (2004)

Henry H. BLANTON, etc., et al., Petitioners, v. CITY OF PINELLAS PARK, Florida, et al., Respondents.

Supreme Court of Florida.

October 21, 2004.

Attorney(s) appearing for the Case

Steven L. Brannock and Sarah C. Pellenbarg, Holland & Knight, LLP, Tampa, FL, for Petitioners.

James A. Helinger, Jr. of James A. Helinger, Jr., P.A., Clearwater, FL; and Amy S. Farrior and Raymond T. Elligett, Jr. of Schropp, Buell & Elligett, P.A., Tampa, FL, for Respondents Yale Mosk & Yale Mosk & Co.

Robert W. Goldman of Goldman Felcoski & Stone, P.A., Naples, FL; and John W. Little, III of Steel Hector & Davis, LLP, West Palm Beach, FL, for Amicus Curiae Real Property, Probate & Trust Law Section of the Florida Bar.

PARIENTE, C.J.

The issue in this case is whether the Marketable Record Title to Real Property Act (MRTA), chapter 712, Florida Statutes (2003), can operate to extinguish a valid claim to a statutory way of necessity authorized by section 704.01(2), Florida Statutes (2003). Relying on this Court's decision in H & F Land, Inc. v. Panama City-Bay County Airport & Industrial District, 736 So...

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