Neighbor Dispute Over Boundary Structure and Setback Violation

A property owner sued to compel a neighbor to remove a structure erected on a boundary line, arguing it violated a municipal regulation restricting construction within a certain distance of the limit, and sought damages for the resulting nuisance and depreciation of the property value. The lower court denied the request for demolition, holding that the applicable municipal regulation only imposed a financial penalty for non-compliance and did not mandate removal, and that the structure, while close to the boundary, did not cause the claimed prejudice because the regulation was not one of public order establishing an absolute right to the maintenance of a specific setback for the benefit of neighboring properties. The Supreme Court affirmed this decision, reasoning that a mere contravention of a municipal planning regulation, absent a specific provision granting neighboring property owners a right to judicial enforcement of the setback, does not automatically entitle them to an injunction for removal or damages, as the administrative penalty suffices unless specific private prejudice is clearly established beyond the mere infringement of the rule.