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Golden Press, Inc. v. Rylands
Supreme Court of Colorado (1951) | 235 P.2d 592; 124 Colo. 122; 28 A.L.R. 2d 672; 1951 Colo. LEXIS 183
TL;DR: Landowners sought removal of a neighboring building’s footings that slightly encroached deep beneath their property. The court reversed the injunction because removal would impose unconscionable hardship compared with the landowners’ slight, compensable injury, leaving them free to pursue damages.
Legal Significance: The decision recognizes relative hardship as a consideration in equitable relief for encroachments. An unintentional, slight encroachment causing small, compensable harm may warrant damages rather than mandatory removal when removal would impose grave hardship.