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.”
Rule of Law
Holding and Reasoning (Per Curiam)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.