Question
The Hard Rock Hotel was constructed in 1955, about a year after the Fountain Blue Hotel, which sits to the south of the Hard Rock.
The Hard Rock Hotel was constructed in 1955, about a year after the Fountain Blue Hotel, which sits to the south of the Hard Rock. Both are luxury hotels, facing the Atlantic Ocean. The proposed addition to the Fountain Blue is being constructed twenty feet from its north property line, and 130 feet from the mean high water mark of the Atlantic Ocean.
The 14-story tower will extend 160 feet above grade in height. As planned, the shadow of the addition will extend over the cabana, swimming pool, and sunbathing areas of the Hard Rock, which are located in the southern portion of its property. It will also render the beach in front of the hotel wholly unfitted for the use and enjoyment of its guests for most of the day, to the irreparable injury of the Hard Rock guests. "Further, based on statements made by the defendantFountain Blue'sowner, construction of the addition on the north side of the property, rather than the south side, was actuated by the desire "to ruin the Hard Rock's business and drive them into bankruptcy."
Explain how nuisance law, as applied by the courts inBoomer v. Atlantic Cement, Spur v. Del WebbandPrah v. Marettimight apply in this situation.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started