MICHIGAN CITY - Judge Richard Stalbrink issued an order Friday ruling against lakefront homeowners in Long Beach, saying these property owners do not own exclusive rights to the beach lying north of their deeded land.
This lawsuit was filed by plaintiffs Long Beach Lakefront Homeowners Association, Don Gunderson and Margaret West, who argue the northern boundary of private lakefront properties is the water's edge of Lake Michigan.
Their argument was based partially on the fact that their deed gives no northerly dimension to their plat - contending that their property must run to the water's edge.
However, defendants in the case - including the State of Indiana, Indiana Department of Natural Resources, Long Beach Community Alliance, Save the Dunes Council, Alliance for the Great Lakes and several individuals - argue that the state owns the lakebed up to the ordinary high water mark (OHWM) as determined by the U.S. Army Corps of Engineers, which is currently 581.5 feet above sea level.
The OHWM is intended to distinguish between public and private lands.
This issue was brought before Stalbrink in La Porte County Superior Court No. 2 earlier this year on an appeal after La Porte County Circuit Court Judge Tom Alevizos first ruled against the lakefront homeowners.
In his decision, Alevizos cited court case United States v. Carstens, which said, "According to the Indiana 'public trust doctrine,' the beach area between the ordinary high water mark (OHWM) and the edge of the water of Lake Michigan is public land and not owned by any person, entity or municipality."
Also citing this case among many others, Stalbrink ruled similar to Alevizos. Stalbrink's ruling says that the state of Indiana owns the land below the OHWM, regardless if that land is covered by water at any given moment.
This ruling also determines the northern property line of the Gundersons' deed. Court documents released Monday determine the northern boundary of the Gundersons' lots 240, 242 and 244 to be the same as section 15, from which the lots were carved.
Further supporting his decision, Stalbrink's order said Indiana has only 45 miles of shoreline along Lake Michigan - the least amount of all states bordering the Great Lakes.
"Moreover, this court finds the idea that Indiana, with such a limited amount of shoreline, would restrict and in effect deny its citizens access to such an amazing natural resource, granting near exclusive rights to a vast portion of the shoreline to a select few homeowners, to be a far stretch of reason and common sense," the ruling states.
Defendants in this case include the state of Indiana, the Department of Natural Resources, Alliance for the Great Lakes, Save the Dunes, Long Beach Community Alliance, Patrick Cannon, John Wall, Doria Lemay, Michael Salmon and Thomas King.
This group has used the equal footing doctrine and public trust doctrine to support its arguments.
Stalbrink used both doctrines in making his ruling, saying "according to the equal footing doctrine ... Indiana received the lands beneath the OHWM upon becoming a state. He further ruled that Indiana's public trust doctrine protects recreational activities - swimming, picnicking, sunbathing or walking - along the shores of Lake Michigan.
Further, "this court finds that when Indiana became a state, it received and held in trust for the public, all lands below the OHWM regardless of whether the land is temporarily not covered by water ... There has been no evidence designated showing that the state has relinquished its title to the lands below the OHWM, therefore, this court finds that the state holds the lands below the OHWM in trust for the public's protected uses."
The plaintiffs have the option of further appealing this case, taking it next to the Court of Appeals and then to the Indiana Supreme Court.