Abuse of Rights in Setback Dispute

A property owner sued to require a neighbor to remove a structure built too close to the dividing line, arguing the construction violated local planning regulations limiting setback distances. The appellate court, however, upheld the trial court's finding that although the construction slightly infringed upon the mandated setback, the owner's delay in contesting the work, which was visible during construction and had been completed for a significant period, constituted an abuse of rights, justifying the refusal to order demolition under the principle of good faith and preventing the remedy sought.