I had non-aggression, trade, and tech treaties with Capitar, along with a good relationship - until they went and built an outpost on the very spot I had planned to (iron, crystal, and Fire shards all within easy reach). So I marched my bestest army right up to the city (which was completely undefended, by the way) but I couldn't launch a surprise attack. But I couldn't declare war, either - that was grayed out in the diplomacy menu. As was the "treaties" option.
Is my only choice to wait it out until the non-aggression treaty expires?