1. If the Eden Roc could prove that the addition

1. If the Eden Roc could prove that the addition was completely out of spite, would this additional fact affect the court’s decision?
2. The court also notes that individuals could build as high or in any way that they wanted provided that it does not violate any laws, restrictions, or regulations. If the Fontainebleau was in violation of any code or regulation would the outcome of the case have been different? Why or why not?

Fontainebleau was in the process of constructing a 14-story addition to their resort hotel when Eden Roc Hotel, a competitor owning the adjoining property, filed suit asking the court to prohibit further construction of the addition, alleging that the shadow caused by the new addition would extend over the Eden Roc’s resort pool area. They argued that this interference with sunlight and air violated the Eden Roc’s air rights, was causing Eden Roc to lose profits because the resort was now less desirable for guest wishing to use the pool facilities, and that the construction plan was based on ill will between the owners of the resorts.


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