The Fontainebleau, a luxury hotel in Miami Beach, was built in 1954.  Its neighbor to the north, the Eden Roc, also a luxury hotel, was built in 1955.  Both face the Atlantic Ocean. In 1958, the owner of the Fontainebleau began construction of a 14-story addition to his hotel, twenty feet from its north property line, 130 feet from the mean high water mark of the Atlantic Ocean, and 76 feet from the ocean bulkhead line. The 14-story tower would extend 160 feet above grade in height and is 416 feet long from east to west. During the winter months, from around two o'clock in the afternoon for the remainder of the day, the shadow of the addition would extend over the cabana, swimming pool, and sunbathing areas of the Eden Roc, which are located in the southern portion of its property.

      The Eden Roc sued, seeking to enjoin the Fontainebleau from proceeding with the construction of the addition to the Fontainebleau (it appears to have been roughly eight stories high at the time suit was filed), alleging that the construction would interfere with the light and air on the beach in front of the Eden Roc and cast a shadow of such size as to render the beach wholly unfitted for the use and enjoyment of its guests, to the irreparable injury of the plaintiff; further, that the construction of such addition on the north side of defendants' property, rather than the south side, was actuated by malice and ill will on the part of the defendants' president toward the plaintiff's president; and that the construction was in violation of a building ordinance requiring a 100-foot setback from the ocean.

      Assume that the Fontainebleau’s construction has been approved by the local Miami Beach authorities as to building permits, zoning, height restrictions, set-back from the ocean, etc.  Also assume that there are no Florida statutes or judicial decisions on point.

      Use the materials we’ve discussed to date to decide how you would rule on the issue presented by the Eden Roc – as a case of first impression!

      The Florida intermediate appellate court’s (short) decision is at 114 So.2d 357 (Fla. App. 1959).  You shouldn’t assume that the judge there is necessarily right (or wrong), or that he makes the best argument that could be made for the result he comes to.  In other words, I still want to hear what you say about the case, never mind what one Florida court said.

       Just for fun, have a look at the websites of the Fontainebleau and the Eden Roc.