Cause No.: Indiana Supreme Court No. 46S03-1706-PL423 (2018); Superior Court of Indiana, Laporte County No. 46D02-1404-PL-606 (2015)
In 2018, Intervenors, Save the Dunes and Alliance for the Great Lakes, represented by the Conservation Law Center, prevailed before the Indiana Supreme Court, preserving public access to Lake Michigan’s shoreline under Indiana’s Public Trust Doctrine. The case was originally brought against the State in 2012 by private property owners who owned three lots on the disputed area of shore in Michigan Township. These property owners alleged that they alone held the rights to access and use the beach abutting their properties, and that the broader public should be denied entry. Ultimately, the Indiana Supreme Court ruled in favor of Save the Dunes and Alliance for the Great Lakes, confirming that Indiana did hold the shore of Lake Michigan below the boundary of the natural ordinary water mark in trust for the people of Indiana. The petitioners filed for rehearing by the Indiana Supreme Court and then a petition for writ of certiorari, asking for review by the Supreme Court of the United States. The U.S. Supreme Court denied the petition, preserving CLC’s victory and reaffirming the public’s right to access and enjoy Lake Michigan’s shoreline.
Update: The CLC continues to fight for the protection of Hoosier’s public trust rights in Lake Michigan. See below to read more about an unsuccessful 2019 challenge to the Gunderson decision in federal court and CLC’s ongoing administrative appeal in Save the Dunes v. Ind. Dept. of Natural Resources (DNR), Town of Ogden Dunes.
Pavlock v. State:
This public trust suit was initiated by a group of landowners, including the Pavlocks, directly challenging the Indiana Supreme Court’s decision in Gunderson through the much-contested legal theory of Judicial Takings. The initial arguments were filed in 2019, and the Seventh Circuit issued its opinion in 2022, dismissing the case without prejudice for failure to state a claim, in effect, re-affirming that beyond the high-water mark, Lake Michigan’s coast was indeed has always been public land and open for public access. Plaintiffs then appealed the decision to the United States Supreme Court but were denied certiorari, meaning the Seventh Circuit’s decision was re-affirmed as prevailing law. Conservation Law Center monitored this case closely and will continue to be vigilant protectors of the public trust in lake Michigan. More on Pavlock HERE
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Blog: U.S. Supreme Court Asked to Hear Lake Michigan Public Trust Case
