Building Owner v. Adjacent Structure Owner (Violation of Setback Regulations)

A building owner brought an action seeking the demolition of an adjacent structure that had been authorized by a prior administrative decision, arguing the structure violated established building regulations concerning a mandatory setback distance, despite the administrative decision having become final and the structure having been built in reliance on it. The court quashed the lower court's decision upholding the administrative authorization because the right to enforce municipal planning regulations, which are rules of public order intended to protect the general interest, cannot be extinguished by the mere passing of time or by the formal approval of an administrative act, meaning the illegality of a structure violating fundamental planning rules can always be challenged, irrespective of prior administrative validation.