No. 18-462

Bobbie Gunderson, et vir v. Indiana, et al.

Lower Court: Indiana
Docketed: 2018-10-12
Status: Denied
Type: Paid
Amici (4) Experienced Counsel
Tags: beach-access equal-footing equal-footing-doctrine great-lakes high-water-mark land-ownership navigable-waters ordinary-high-water-mark property-rights public-rights state-boundaries state-sovereignty territorial-sovereignty union-admission
Key Terms:
SocialSecurity JusticiabilityDoctri Jurisdiction
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the newly-admitted states took title to the entire beach surrounding the Great Lakes under the federal equal-footing doctrine

Question Presented (OCR Extract)

QUESTION PRESENTED Under federal law, on admission to the Union a state takes title to lands underlying navigable waters, up to the “ordinary high water mark.” On the seashore this mark is the average high-tide line, which typically falls partway up the beach. But this Court has yet to clarify how the high-water mark is defined on nontidal lakes, such as the Great Lakes. The question presented is whether—in conflict with the rule on the seashore—the newly-admitted states took title to the entire beach surrounding the Great Lakes.

Docket Entries

2019-02-19
Petition DENIED.
2019-02-19
Motion for leave to file amici brief filed by Cato Institute, et al. GRANTED.
2019-02-19
Motion for leave to file amicus brief filed by Minnesota Association of Realtors GRANTED.
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-29
Reply of petitioners Bobbie Gunderson, et al. filed.
2019-01-11
Brief of respondents State of Indiana, et al. in opposition filed. (1/22/2019)
2019-01-11
Brief of respondent-Intervenors Long Beach Community Alliance; et al. in opposition filed.
2019-01-03
Brief of respondent-Intervenors Alliance for the Great Lakes, Save the Dunes in opposition filed.
2018-11-13
Motion for leave to file amici brief filed by Cato Institute, et al.
2018-11-09
Motion for leave to file amicus brief filed by Minnesota Association of Realtors.
2018-11-06
Motion to extend the time to file a response is granted and the time is extended to and including January 11, 2019, for all respondents.
2018-11-05
Blanket Consent filed by Petitioner, Bobbie Gunderson, et al.
2018-11-02
Blanket Consent filed by Respondent, State of Indiana and the Indiana Department of Natural Resources.(Amended version submitted 11/2/2018)
2018-11-02
Motion to extend the time to file a response from November 13, 2018 to January 11, 2019, submitted to The Clerk.
2018-10-05
Petition for a writ of certiorari filed. (Response due November 13, 2018)
2018-07-31
Application (18A109) granted by Justice Kagan extending the time to file until October 5, 2018.
2018-07-27
Application (18A109) to extend the time to file a petition for a writ of certiorari from August 7, 2018 to October 5, 2018, submitted to Justice Kagan.

Attorneys

Alliance for the Great Lakes, Save the Dunes
Jeffrey Bruce HymanConservation Law Center, Respondent
Jeffrey Bruce HymanConservation Law Center, Respondent
Bobbie Gunderson, et al.
Aaron D. Van OortFaegre Baker Daniels LLP, Petitioner
Aaron D. Van OortFaegre Baker Daniels LLP, Petitioner
Cato Institute, National Association of Reversionary Property Owners, Save our Shoreline and Whalesback Preservation Fund, LLC
Mark Fernlund Hearne IIArent Fox, LLP, Amicus
Mark Fernlund Hearne IIArent Fox, LLP, Amicus
Long Beach Community Alliance; Patrick Cannon; John Wall; Michael Salmon; and Thomas King
Patricia Fern SharkeyEnvironmental Law Counsel, P.C., Respondent
Patricia Fern SharkeyEnvironmental Law Counsel, P.C., Respondent
Minnesota Association of REALTORS
Scott Gregory KnudsonBriggs & Morgan, Amicus
Scott Gregory KnudsonBriggs & Morgan, Amicus
State of Indiana and the Indiana Department of Natural Resources
Thomas M. Fisher — Respondent
Thomas M. Fisher — Respondent