URBAN SITE v. LEVERING

No. 43, September Term, 1995.

340 Md. 223 (1995)

URBAN SITE VENTURE II LIMITED PARTNERSHIP ET AL. v. LEVERING ASSOCIATES LIMITED PARTNERSHIP.

Court of Appeals of Maryland.

October 13, 1995.


Attorney(s) appearing for the Case

Lee H. Ogburn (Perry F. Sekus, Kramon & Graham, P.A., on brief), Baltimore, for Petitioner.

David S. Cordish (Paul J. Burt, Cordish & Cordish, on brief), Baltimore, for Respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.


MURPHY, Chief Judge.

The issue in this case is whether the Court of Special Appeals erred in requiring that, in a building encroachment case, "compelling evidence" is necessary to establish innocent mistake under the doctrine of comparative hardship. We hold that a defendant in an encroachment case who seeks to avoid injunctive relief through the doctrine of comparative hardship must prove innocent mistake by a preponderance of the evidence.

I

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