Brundage v. Knox

117 N.E. 123 (1917)

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Brundage v. Knox

Illinois Supreme Court
117 N.E. 123 (1917)

  • Written by Liz Nakamura, JD

Facts

Wesley Knox (defendant) owned upland property bordering Lake Michigan in Illinois. Third parties constructed artificial piers in Lake Michigan to the north and south of Knox’s property. Those piers created an artificial cove around Knox’s property, which allowed sand to accumulate on the shoreline of Knox’s property. The sand accumulation, also called sand accretion, was driven by the natural movement of water, as influenced by the placement of the two artificial piers. Accretion is the incremental expansion of the waterfront edge of upland property due to deposits of new material, typically sand, on the existing shoreline. The State of Illinois (plaintiff), through Attorney General Edward Brundage (plaintiff), arguing that Knox was not entitled to ownership over the new beach created by the accretion of sand on Knox’s property because the accretion was caused by the construction of artificial piers rather than by natural causes. Knox countered, arguing that he had a vested right to all accretions on his property. The district court ruled for Knox, arguing that Knox held title to all natural accretions on his property caused by the artificial piers because the piers were constructed by third parties and not by Knox. Illinois appealed.

Rule of Law

Issue

Holding and Reasoning (Carter, C.J.)

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