Court considers ‘judicial taking’ claim in battle over beachfront property

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted June 24, 2022 11:47 AM

Unhappy with a 2018 Indiana Supreme Court decision that said the state owns the shores of Lake Michigan up to its ordinary high-water mark, three owners of beachfront property sued in federal court alleging that Gunderson v. State, 90 N.E.3d 1171 (Ind. 2018), was a “judicial taking” of their property. They relied on a 2010 U.S. Supreme Court plurality opinion by Justice Antonin Scalia.According to Scalia’s four-justice opinion in Stop the Beach Re-nourishment Inc. v. Florida Department of Environmental Protection, 560 U.S. …

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