Documents

Gunderson v. State of Indiana (4-1592); LBLHA, LLC v. Town of Long Beach, Indiana (4-1532) Documents 10-9-15

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Case Attorneys

Damien M. Schiff

Senior Attorney

Currently a Senior Attorney at Pacific Legal Foundation, Damien joined PLF in 2005.  His practice has focused on federal and state environmental and land-use issues.  Damien was counsel of record … ›

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Oliver J. Dunford

Attorney

Oliver Dunford joined PLF’s office in Sacramento in March 2017. He litigates across the country to defend and advance individual liberty and the rule of law. Oliver’s cases involve the … ›

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Jeffrey W. McCoy

Attorney

Jeff McCoy is an attorney at PLF’s office in Sacramento, where he works on cases involving environmental regulations and private property rights. Prior to joining PLF, Jeff was a staff … ›

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Case Commentary

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By Mark Miller

Indiana Supreme Court loses its way in public trust doctrine case

The states bordering the Great Lakes have long tried to wrest control of private beachfront property from the owners of the property in favor of “the public.” That the private … ›

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By Oliver J. Dunford

PLF asks Indiana Supreme Court to protect coastal property rights

May the government allow strangers to recreate on your private, beach-front property for free? That’s the question the Indiana Supreme Court is being asked to consider in an important property-rights case At issue is the common-law “Public Trust Doctrine,” according to which a state holds navigable waters and the land beneath “in trust” for public navigation, commerce, and fishing

But as we previously reported, states and local governments have strayed far beyond these traditional limitations and have asserted control over private beaches, well above the water’s edge, for “public” recreational purposes such as tanning and volleyball

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By Mark Miller

Who owns what on the Indiana shoreline of Lake Michigan?

Earlier this week, the Indiana Court of Appeals offered its view of the long-running battle in that state between property owners on Lake Michigan who expect the law to protect property rights, and the members of the public who demand the right to traipse across those property owners’ property without paying for the right, contrary to the Fifth Amendment There have been a few cases that have arisen regarding this dispute; this particular case is known as the Gunderson case

In a nutshell, the trial court in this case incorrectly ruled that the “public trust doctrine” allows the state to claim the private property of property owners on Lake Michigan up to

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