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Knaus v. Dennler

Illinois Appellate Court
525 N.E.2d 207 (1988)


Facts

The Knauses (plaintiffs) owned property on a lake. The lake was retained by a dam, and over one-half of the dam was on the Knauses’ property. The Knauses noticed holes in the dam on their property, and contacted a contractor to begin the process of repairing the dam. The Knauses convened a meeting of all property owners abutting the lake to discuss repairing the dam. The Knauses tried to sign a contract with the Dennlers and other abutters (defendants), obligating all abutters to pay for a portion of the repair costs. The defendants refused to sign the agreement and indicated that they did not believe they should be responsible for the repairs. The Knauses went ahead with the repairs, paying for them in full, and then brought suit seeking restitution. The trial court dismissed the Knauses’ claims. The Knauses appealed.

Rule of Law

Issue

Holding and Reasoning (Welch, J.)

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