Cause No: Indiana Natural Resources Commission (NRC) No. 23-036W
Client:
Save the Dunes
CLC Attorneys:
Kim Ferraro
Forum / Posture:
Porter County Superior Court; judicial review of administrative decision
Background:
Culminating in the 2018 Indiana Supreme Court case of Gunderson v. State, CLC won a hard-fought legal battle affirming that the beaches of Lake Michigan below the common law or natural ordinary high water mark (OHWM) are held in trust by the State for the benefit of all Hoosiers to enjoy. The Court also confirmed that the DNR, as the steward of these public trust resources, cannot fritter away these public trust rights through its regulatory authority. In the wake of Gunderson, the Indiana General Assembly codified these principles when it passed the Public Trust Statute to eliminate any question that the citizens of Indiana have a “vested right to enjoy the natural scenic beauty of Lake Michigan” for recreation and other purposes—meaning Hoosiers have a legally protected right to enjoy the lakeshore in “conditions produced by nature without manmade additions or alternations.” Ind. Code § 14-26-2.1-4 (emphasis added). Despite the legislature’s clear mandate, CLC had to take the Indiana Department of Natural Resources (DNR) back to court for again violating the public trust.
This time, DNR approved the construction of a mile-long stone revetment along the Town of Ogden Dunes’ stretch of shoreline, all funded by beachfront homeowners for their private benefit. DNR approved the massive stone wall without delineating Lake Michigan’s natural OHWM and, thus, had no idea whether or how much of the revetment would be built on public trust land. Without a proper OHWM delineation, DNR could not have evaluated the true nature and extent of public trust impacts, whether mitigation could be appropriate, or if the permit should be denied so as not to alienate public trust rights. DNR also flatly ignored the serious concerns raised by the National Park Service that the revetment will cause devastating erosion and destroy critical habitat in the adjacent Indiana Dunes National Park—one of the nation’s most biodiverse parks that is treasured and visited by millions of people each year. Because DNR can and must do better, we filed a legal challenge on behalf of Save the Dunes to revoke DNR’s unlawful approval of the revetment.
Current Status:
The case began as an administrative challenge to DNR’s permit. During the administrative proceedings, the Town began construction, and CLC obtained an emergency stay requiring the Town to stop work and remove equipment and materials pending further review.
The Town later asserted that it had abandoned the permitted revetment project and moved to dismiss the case as moot. CLC opposed dismissal because the dispute over DNR’s OHWM methodology remains unresolved and is likely to recur in future lakefront permitting decisions. The administrative tribunal dismissed the case as moot, and CLC sought judicial review in Porter County Superior Court.
The administrative record was transferred to the court in March 2026. CLC filed its opening brief on April 20. DNR and the Town filed response briefs on June 5. CLC filed a reply on June 26.
Why It Matters:
This case seeks to preserve meaningful public trust protections along Indiana’s Lake Michigan shoreline and ensure that agency permitting decisions do not erode public access or public rights one project at a time.
Case Spotlight Handout: Maintaining Public Access to Indiana’s Lake Michigan Beaches
Case Documents
