Paulini Loam, LLC v. Colbea Enters., LLC

Paulini Loam, LLC (Paulini) brought suit against abutting landowner Colbea Enterprises, LLC (Colbea)3 and Colbea's tenant, Suburban Shell Service, Inc. (Suburban), seeking removal of certain encroachments on Paulini's land. After a bench trial, a Superior Court judge ordered the defendants to remove some of the encroachments,4 but declined to order the removal of a car-wash structure and a small portion of pavement. As to the car wash, the judge ruled that the encroachment was innocent and de minimis and that requiring removal would be oppressive and inequitable to the defendants while not…