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

114 So.2d 357 (Fla.Dist.Ct.App. 1959)

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Nature of the Case

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Facts

Fontainbleau (D) was building a fourteen-story addition to their hotel that was being constructed 20 feet from its north property line. During the winter months from two in the afternoon until the remainder of the day, the shadow of D’s addition would extend over the cabana, swimming pool, and sunbathing areas of Eden Roc which is located in the southern portion of the property. P opposed that addition when it was eight stories high in that the construction would interfere with the light and air on the beachfront in front of its adjacent hotel, the Eden Roc. P contended that the shadow that was cast would render the beach wholly unfit for the use and enjoyment of its guests to the irreparable injury of P. P also contends that D built the edition on the north side in part motivated by malice and ill will as between presidents of the corporations as its construction on the south side would not have caused the beach problems and that the construction violated local building set back codes. P also alleged that the construction would interfere with the easements of light and air enjoyed by P and its predecessors in title for more than 20 years under the implied grant of P’s predecessors in title as well as under common law and the express recognition of Florida law. P also alleged an easement by implication in favor of P’s property as the dominant and D’s property as the servient tenement. D denied the material allegations, plead laches and estoppel by judgment. P got a temporary injunction. The injunction was based solely on the proposition that no one has a right to use his property to the injury of another. It is clear that the addition to D’s property will damage P. There was evidence that the construction was malicious. D appealed.