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

Florida Court of Appeal

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

Relevant factsFree

Fontainebleau Hotel (defendant) began constructing a fourteen-story tower addition on its oceanfront property adjacent to Forty-Five Twenty-Five's hotel (plaintiff); Forty-Five sued to stop construction, arguing the tower's shadow would ruin the cabana, pool, and sunbathing areas guests relied on, harming its business. The trial court granted a temporary injunction against Fontainebleau, reasoning broadly that no one has a right to use property to injure another.

IssueFree

Whether a property owner may be prevented from using property in a way that causes any injury to a neighboring landowner, such as by blocking sunlight.

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