Knaus v. Dennler
Illinois Appellate Court
525 N.E.2d 207 (1988)
The Knauses (plaintiffs) owned lakefront property retained by a dam, more than half of which sat on their land. After noticing holes in the dam, the Knauses hired a contractor and convened the other lake-abutting property owners, including the Dennlers (defendants), to discuss repairs. The Knauses tried to get all abutters to sign an agreement sharing repair costs, but the Dennlers and others refused, stating they didn't believe they should have to pay. The Knauses repaired the dam anyway, paying the full cost themselves, and then sued the other abutters for restitution. The trial court dismissed the claims, and the Knauses appealed.
Whether a plaintiff may recover on a theory of unjust enrichment when the defendant did not voluntarily accept the benefit conferred.