Developer Liability for Subsidence and Retaining Wall Damage

A property owner sued a neighboring developer, alleging that construction activities constituted a nuisance by causing subsidence and damaging their retaining wall, leading to the lower court ruling in favor of the property owner and ordering the cessation of the works and payment of damages. The Court of Cassation, however, rejected the appeal, reasoning that the lower court was justified in finding that the developer's activities, which included deep excavations too close to the boundary, violated the established legal obligation to respect the lateral support of neighboring property, thereby causing the damage and constituting an actionable fault under civil liability principles.