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

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


Facts

Fontainebleau Hotel Corp. (Fontainebleau) (defendant) and Forty-Five Twenty-Five, Inc. (Forty-Five) (plaintiff) owned adjoining hotels on the Atlantic Ocean. Fontainebleau began constructing an additional fourteen-story tower. Forty-Five sued, seeking to stop Fontainebleau from building the tower. Forty-Five claimed that the tower would cast shadows over the cabana, swimming pool, and sunbathing areas of Forty-Five’s hotel, rendering these areas unfit for the use of enjoyment of its guests and causing irreparable injury to its business. The trial court granted a temporary injunction restraining Fontainebleau from constructing the addition, stating that “no one has a right to use his property to the injury of another.”

Rule of Law

Issue

Holding and Reasoning (Per Curiam)

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