Alderson v. Fatlan
Illinois Supreme Court
898 N.E.2d 595 (2008)
- Written by Rose VanHofwegen, JD
Facts
While excavating a sand quarry, Leo Fatlan unknowingly crossed over the property line and excavated part of his neighbor McElvain’s property. When Fatlan discontinued mining operations in 1974, the quarry filled with water, and Fatlan and four other neighbors with adjacent property (defendants) began using it as a recreational lake. In 1998, Robert and Wanda Alderson (plaintiffs) bought the McElvain property and blocked off the pathway around the lake where it crossed their property. In 2003, Fatlan and the other neighbors installed a cable fence along the Aldersons’ property line where it ran through the lake, blocking their access to the rest of the lake. The Aldersons sued, claiming rights to use the entire lake, but did not show the McElvains had used the lake or talked to the Aldersons about it. The court granted the Aldersons summary judgment, but the appellate court reversed. The Aldersons appealed.
Rule of Law
Issue
Holding and Reasoning (Burke, J.)
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