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Beacham v. Lake Zurich Property Owners Association

Illinois Supreme Court
123 Ill. 2d 227, 122 Ill. Dec. 14, 526 N.E.2d 154 (1988)

Written by Penny Ellison, JD

Facts

Diana Beacham and Sandy Point Beach, Inc. (plaintiffs) were owners of portions of the lake bed underlying Lake Zurich. Lake Zurich Property Owners Association (association) (defendant) also owned a portion of the lake bed and sought to exclude others from use and enjoyment of the surface of the lake above its property. Beacham and Sandy Point Beach sued for declaratory and injunctive relief, seeking the court to declare that, as owners of part of the lake bed, they were entitled to reasonable use of the entire lake surface. The trial court dismissed the complaint, holding that the owner of part of a lake bed had the right to exclude others from the surface waters above his property. Beacham and Sandy Point Beach appealed, and the appellate court reversed. The association appealed.

Rule of Law

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Issue

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Holding and Reasoning (Miller, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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