Property Owner v. Neighboring Entity (Continuing Tort Doctrine)

A property owner sued a neighboring entity seeking removal of an encroaching structure and damages, arguing the construction violated setback requirements, but the appellate court dismissed the claim, finding the action time-barred because the construction had been completed for over thirty years without objection. The high court quashed this decision, reasoning that the permanent encroachment constituted a continuing tort, meaning the statute of limitations did not begin to run until the cessation of the obstruction, thus making the claim for removal of the continuous violation still actionable.