Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register

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

    Brief Fact Summary.

    Plaintiff is suing the defendant to enjoin defendant from building the tower where it would cast shadows over plaintiff’s cabana, swimming pool, and sunbathing areas of its hotel.

    Synopsis of Rule of Law.

    An owner of a land must use his property in a way that does not interfere with the legal rights of others.

    Facts.

    Defendant Fontainebleau Hotel Corp. and Plaintiff Forty-Five Twenty-Five, Inc. owned adjoining hotels. Defendant began expanding its hotel and plaintiff filed suit against defendant to enjoin defendant from building the tower where it would cast shadows over plaintiff’s cabana, swimming pool, and sunbathing areas of its hotel. Plaintiff alleges that the building will cause irreparable injury to its business. The trial court granted a temporary injunction.

    Issue.

    Whether an owner of a land must use his property in a way that does not interfere with the legal rights of others.

    Held.

    Yes. The decision of the trial court is reversed.

    Discussion.

    In this case, no contract, statute, or easement existed that would give the plaintiff a legal right in the uninterrupted flow of light and air over defendant’s property. A defendant cannot be held liable for blocking the flow of light and air.


    Create New Group

      Casebriefs is concerned with your security, please complete the following