Property Owner v. Municipality Regarding Unauthorized Annex Removal Prescription Period

A property owner appealed a judgment that affirmed a lower court's decision compelling the removal of an annex constructed on the property, arguing the action was time-barred due to the prescription period having elapsed since the annex's construction and the subsequent administrative authorization. The court rejected the appeal, reasoning that the prescriptive period for bringing a civil action to enforce the removal of an unauthorized construction only begins to run from the date the construction is fully completed, and since the administrative authorization was itself subject to annulment due to illegality stemming from the construction's violation of local planning rules, the owner could not successfully invoke prescription against the right to seek removal.