A lessee of a commercial property demolished, prior to evacuation of the property, an illegally built pergola that was erected many years before. The lessor claimed that the purpose of the demolition was to prevent leasing the property to a competitor of the lessee and that the lessee did not have the right to demolish the pergola that belonged to the lessor and the lessor was entitled to have his day with the authorities on the question of whether it should be demolished.
The Court held, that an owner of a property is not entitled to shut his eyes in the face of clear violations of the zoning law that are being conducted on the property. Legal policy should encourage the demolition of illegal structures and deny the possibility of receiving compensation for their very establishment. Even if an agreement sets that investments made in the rented property, including the pergola, will remain for the use of the lessor at the end of the lease, the Court will not enforce an obligation meant to "launder" illegal building.