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In Fontainebleau

Question 45

Multiple Choice

In Fontainebleau.Eden Roc,the Eden Roc Hotel sued the Fontainebleau Hotel when Fontainebleau began erecting a fourteen story addition to their premise that they claimed blocked air and sunlight from their pool and sunbathing areas.The court determined:


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 only causes 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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