May 11, 2018

Indiana High Court Won't Rehear Landmark Beach Rights Case

File: Nick Janzen/IPB News

File: Nick Janzen/IPB News

INDIANAPOLIS (AP) — The Indiana Supreme Court has denied a rehearing in its landmark ruling that Lake Michigan's shoreline is open to all and property owners can't exercise exclusive control of the beach between their homes and the water.

The (Northwest Indiana) Times reports the court Wednesday denied the request submitted by Don and Bobbie Gunderson of Long Beach.

The February decision sets the ordinary high water mark as the boundary between state-owned land under Lake Michigan and the interests of property owners. It also ruled that walking on the beach is a protected public use.

The Gundersons claimed the deed to their LaPorte County property showed it extending to the water's edge, regardless of where it was at any given time.

The ruling still could be appealed to the U.S. Supreme Court.

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