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Arguments set in Lake Michigan lakeshore rights case

July 10, 2017

Oral arguments in a case that could establish caselaw on a dispute between public and private claims to the shore of Lake Michigan will be heard Sept. 28.

The Indiana Supreme Court agreed to hear the dispute last month. The case pits Long Beach homeowners, who claim their deeds give them access to the shoreline up to the water, against the town and other landowners who say the public should be allowed to walk along the shore. The case has drawn amicus briefs on both sides from public-interest and private-property rights groups.

The Indiana Court of Appeals in December ruled that the public trust doctrine controls the shore of Lake Michigan in Indiana up to the ordinary high-water mark. The case is Don H. Gunderson, et al. v. State of Indiana, et al., 46A03-1508-PL-1116.
 

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