Encroachment Denial Based on Good Faith and Disproportionate Harm

A property owner sued a neighboring business, alleging that the latter's installation of an underground drainpipe, which discharged water onto the owner's property, constituted an encroachment and a nuisance, seeking its removal and damages. The appellate court, finding that the installation was made in good faith and caused only minor, repairable damage, upheld the trial court's decision to deny the removal order, instead awarding only a small indemnity to the complaining party. The high court affirmed the ruling, reasoning that when an encroachment is made in good faith and the removal of the structure would cause significant prejudice to the encroaching party while the damage to the invaded property is minimal and compensable by a monetary award, the interest of justice dictates that the injured party should be compensated rather than forcing the costly and disruptive removal of the structure.