Property Owner v. Municipality (Retroactive Ordinance Application)

A property owner appealed a lower court ruling that upheld a municipal ordinance requiring the removal of encroaching construction, arguing that the ordinance was applied retroactively to a structure legally built under prior regulations and thus constituted an unlawful infringement on property rights. The high court quashed the lower court's decision, reasoning that while a municipality generally has the authority to regulate building through new ordinances, applying a subsequent regulation to nullify a structure legally erected under the law in effect at the time of construction constitutes an improper retrospective application that violates the principle of non-retroactivity and the right to property.