Assignment task:
The Seaview Condominiums were constructed in 2001, about 10 years after the Ocean Breeze Condominiums, which sits to the south of the Seaview Condominiums in the City of Island Palms on the Atlantic Ocean. The owners of Ocean Breeze have proposed adding a new 10-story condominium tower of 50 luxury beach front units to be constructed thirty feet from its north property line, and 100 feet from the mean high-water mark of the Atlantic Ocean. The 10-story tower will extend 150 feet above grade in height. During the winter months, from around two o'clock in the afternoon for the remainder of the day, the shadow of the new Ocean Breeze tower will extend over the cabana, swimming pool, and sunbathing areas of the Seaview Condominiums, which are located in the southern portion of its property. The Seaview Condominiums' owners have gone to court, seeking an injunction to stop Ocean Breeze Condominiums from proceeding with the new tower, claiming that the construction would interfere with the light and air on the beach in front of the Seaview and cast a shadow of such size as to render the beach wholly unfitted for the use and enjoyment of its condominium owners, to the irreparable injury of the Seaview owners. Which of the following statements is most accurate?
A. To be granted an injunction for a nuisance, Seaview must demonstrate that the construction of Ocean Breeze's addition on the north side of the property, rather than the south side, was motivated by malice and ill will on the part of the Ocean Breeze's president toward the condominium owners of Seaview.
B. To be granted an injunction for a private nuisance, Seaview must only demonstrate that the proposed addition by Ocean Breeze will materially damage Seaview.
C. Ocean Breeze will be allowed to construct its new tower if it can show that the City of Island Palms' comprehensive planning and zoning ordinance permits the development as planned by Oceana Breeze's owners.
D. Ocean Breeze will be allowed to construct its addition if it can show that it serves a useful and beneficial purpose, even though it cuts off the light and air and interferes with the view that would otherwise be available on the Seaview's adjoining land.