Retaining Wall Demolition for Permit Violation

A property owner brought a civil action against a neighbor, alleging that an existing retaining wall, which was built without a required building permit, encroached upon their land and sought its demolition. The lower court, in its decision, found that the construction of the retaining wall violated municipal regulations requiring a permit and caused damage to the plaintiff's property, thereby warranting removal. The highest court upheld the lower court's ruling, reasoning that the failure to obtain the requisite administrative authorization for the structure constituted an illegal act directly causing harm, justifying the order for demolition irrespective of any prescriptive period applicable to the underlying title dispute.