Torts - Cases, Principles, and Institutions Fifth Edition, 2016a

Witt & Tani, TCPI 9. Liability without Fault?
Here is another image, which makes the effects of the wall on the Eden Roc pool especially clear:
Source: Florida State Photographic Collection, Florida Memory, https://perma.cc/9PJP-4NB6.
After losing in its litigation effort, the Eden Roc made renovations to lessen the effects of
the spite wall. In the summer of 1960, the Eden Roc built a new pool area on a raised platform 20
feet off the ground on the far northeastern corner of its property so as to minimize the shadow cast
during the winter height of the season. The sun, announced the Miami News, would once again
“shine on the Eden Roc the year around.” Herb Kelly, Eden Roc to Start on Pool, MIAMI NEWS,
June 28, 1960, at 28. Today, the spite wall no longer blocks sunlight at the Eden Roc Hotel’s
pool. In 2011, during a course of renovations, the Eden Roc constructed a twenty-one-story tower
directly along the north face of the spite wall.
4. Reasonable interferences? The Florida court resolved the Fontainebleau case by finding
that the Eden Roc had no protectable interest in the light and air crossing over its neighbor’s
property. The case was thus concluded without taking into account the character of the
interference with the Eden Roc’s property interests. Suppose, however, the court had concluded
that the Eden Roc did have a protectable interest? At this point, the question would be a classic
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