Property Owner v. Neighboring Property Owner (Retaining Wall Encroachment and Nuisance)

A property owner filed suit against a neighboring property owner, alleging that the neighbor's construction of a retaining wall encroached upon the plaintiff's land and constituted a private nuisance by causing soil erosion onto the plaintiff's property. The trial court found that a portion of the wall indeed encroached and awarded damages for the trespass, but it denied relief for the nuisance claim, finding the erosion was not substantial enough to warrant injunctive relief. The appellate court affirmed the finding of trespass due to the demonstrable encroachment of the structure across the property line, but reversed the denial of nuisance relief, holding that even minor, continuous trespasses that interfere with the use and enjoyment of land, such as ongoing soil displacement, are actionable as a private nuisance, requiring the lower court to reconsider the appropriate remedy for the ongoing erosion.