Property Owner v. Municipality Regarding Right-of-Way Encroachment

A property owner sought to have a local ordinance requiring the removal of existing structures encroaching on public right-of-way declared inapplicable to their garage, which had been constructed in conformity with prior regulations, arguing that the subsequent ordinance was retroactive and violated property rights. The court rejected this appeal, reasoning that police regulations concerning public safety and order, such as those defining road boundaries, operate immediately upon enactment, and that compliance with prior technical building regulations does not exempt property owners from conforming to new, overriding public use and safety requirements imposed by subsequent legislation.