Segal McCambridge Chicago Shareholder Chad J. Layton and Senior Associates Erica J. Bury and Patrick F. Sullivan secured a victory in the Illinois Supreme Court, in a case involving disputes between riparian owners. The Illinois Supreme Court agreed to protect private property interests that have been enjoyed by owners of non-navigable waters in Illinois for over a century.
In the case of Holm v. Kodat, (Docket No. 127511), a dispute arose when Plaintiffs’ accessed a portion of the Mazon Creek that is collectively owned by the Defendants. The Supreme Court was asked to decide whether the Plaintiffs should have the right to navigate a kayak over a section of the Mazon Creek owned by others, who wanted to protect their private property interests.
When this issue was first addressed, the Circuit Court ultimately agreed that Defendants had the right to exclude others from the portion of the Mazon Creek that ran over their properties. The Third District Appellate Court agreed with the trial court, and the Illinois Supreme Court has affirmed those well-reasoned decisions. The high court’s decision is a clear victory in favor of protecting private property owners throughout the state of Illinois.
To read the full Decision, click here.