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In Fontainebleau Hotel V

Question 53

Multiple Choice

In Fontainebleau Hotel v. Eden Roc, the Eden Roc Hotel sued the Fontainebleau Hotel when Fontainebleau began erecting a 14-story addition to its premises that Eden Roc claimed blocked air and sunlight from its pool and sunbathing areas. The court determined that:


A) blocking the air and sunlight constituted a nuisance, so the building could be stopped.
B) the English law doctrine of "ancient lights" applied only if the building caused a dangerous circumstance to occur but not if the building caused only a nuisance.
C) the building could be erected only if it could be shown to be useful and beneficial as long as it is not being erected out of spite to knowingly harm the plaintiff.
D) the building could be erected if it could be shown to be useful and beneficial even if it may have been erected partly for spite to knowingly harm the plaintiff.

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