In 1836, a year before Chicago was incorporated,[10] the Board of Canal Commissioners held public auctions for the city's first lots. Citizens with the foresight to keep the lakefront as public open space convinced the commissioners to designate the land east of Michigan Avenue between Randolph Street and Park Row (11th Street) "Public Ground—A Common to Remain Forever Open, Clear and Free of Any Buildings, or Other Obstruction, whatever."[11] Grant Park has been "forever open, clear and free" since, protected by legislation that has been affirmed by four previous Illinois Supreme Court rulings.[12][13][14] In 1839, United States Secretary of War Joel Roberts Poinsett decommissioned the Fort Dearborn reserve and declared the land between Randolph Street and Madison Street east of Michigan Avenue "Public Ground forever to remain vacant of buildings".[10]
Aaron Montgomery Ward, who is known both as the inventor of mail order and the protector of Grant Park, twice sued the city of Chicago to force it to remove buildings and structures from Grant Park, and to keep it from building new ones.[15][16] In 1890, arguing that Michigan Avenue property owners held easements on the park land, Ward commenced legal actions to keep the park free of new buildings. In 1900, the Illinois Supreme Court concluded that all landfill east of Michigan Avenue was subject to dedications and easements.[17] In 1909, when he sought to prevent the construction of the Field Musem of Natural History in the center of the park, the courts affirmed his arguments and te mseum was built elsewhere.[18][19][20]





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