No. 18-462
Bobbie Gunderson, et vir v. Indiana, et al.
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
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 Hyman — Conservation Law Center, Respondent
Jeffrey Bruce Hyman — Conservation Law Center, Respondent
Bobbie Gunderson, et al.
Aaron D. Van Oort — Faegre Baker Daniels LLP, Petitioner
Aaron D. Van Oort — Faegre Baker Daniels LLP, Petitioner
Cato Institute, National Association of Reversionary Property Owners, Save our Shoreline and Whalesback Preservation Fund, LLC
Mark Fernlund Hearne II — Arent Fox, LLP, Amicus
Mark Fernlund Hearne II — Arent Fox, LLP, Amicus
Long Beach Community Alliance; Patrick Cannon; John Wall; Michael Salmon; and Thomas King
Patricia Fern Sharkey — Environmental Law Counsel, P.C., Respondent
Patricia Fern Sharkey — Environmental Law Counsel, P.C., Respondent
Minnesota Association of REALTORS
Scott Gregory Knudson — Briggs & Morgan, Amicus
Scott Gregory Knudson — Briggs & Morgan, Amicus
State of Indiana and the Indiana Department of Natural Resources
Thomas M. Fisher — Respondent
Thomas M. Fisher — Respondent