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Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc.

Florida Court of Appeal
114 So. 2d 357 (Fla. App. 1959)


Fontainebleau Hotel Corp. (Fontainebleau) (defendant) and Forty-Five Twenty-Five, Inc. (Forty-Five) (plaintiff) both owned adjoining hotels on the Atlantic Ocean. Fontainebleau sought to expand its hotel by constructing an additional fourteen-story tower. Forty-Five filed suit against Fontainebleau seeking to enjoin Fontainebleau from building the tower on the ground that it would cast shadows over the cabana, swimming pool, and sunbathing areas of Forty-Five’s hotel after two o’clock in the afternoon during the winter months. Forty-Five claimed that the shadows would render the beach areas in front of its hotel completely unfit for the use of enjoyment of its guests, and would thus cause irreparable injury to its business. Forty-Five also alleged violations of various set-backs and easements governing use of the oceanfront property, and malicious intent by Fontainebleau’s president. The trial court granted a temporary injunction restraining Fontainebleau from constructing the addition based on Forty-Five’s nuisance claim alone, stating that “no one has a right to use his property to the injury of another.”

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