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

Facts

Defendant was in the process of building a fourteen-story addition to their hotel, which was being constructed twenty feet from its northern property line. During the winter months, from two in the afternoon until the end of the day, the shadow of Defendant’s addition will extend over the cabana, swimming pool, and sunbathing areas of Eden Roc, which is located on the southern portion of Plaintiff’s property. Plaintiff filed suit when the addition was eight stories high. Plaintiff contended that the shadow, which would be cast by the addition would render Plaintiff’s beach wholly unfit for the use and enjoyment of its guests. Plaintiff also contends that Defendant’s intention to build the addition on the north side of their property was motivated in part by malice and ill will. Construction on the south side of Defendant’s property would not have caused the same problems. Plaintiff alleged that the construction would interfere with the easements of light and air enjoyed by Pla intiff, and that Plaintiff had an easement by implication. Defendant denied the material allegations, pleading laches and estoppel by judgment. Plaintiff received a temporary injunction. It is clear that the addition to Defendant’s property will damage Plaintiff. Defendant appealed.