Urban Site Venture II Ltd. Partnership v. Levering Associates Ltd. Partnership

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

Levering Associates Limited Partnership (“Levering”), owns an office building and concrete driveway located at 6-14 South Gay Street in Baltimore City.…