Legal Opinion
Don H. Gunderson and Bobbie J. Gunderson, Co-Trustees of the Don H. Gunderson Living Trust v. State of Indiana, Indiana Department of Natural Resources, Alliance for the Great Lakes
Indiana Supreme Court
Decided February 14, 2018No. 46S03-1706-PL-423PublishedCited by 34 opinions
1Opinion of the Court
Massa, Justice.
A century ago, our Court of Appeals recognized that, among those rights acquired upon admission to the Union, the State owns and holds "in trust" the lands under navigable waters within its borders, "including the shores or space between ordinary high and low water marks, for the benefit of the people of the state ." Lake Sand Co. v. State , 68 Ind. App. 439 , 445, 120 N.E. 714 , 716 (1918) (quoting Ex parte Powell , 70 Fla. 363 , 372, 70 So. 392 , 395 (1915) ). And Indiana "in its sovereign capacity is without power to convey or curtail the right of its people in the bed of…
2Cases cited60 opinions
- Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
- Shively v. BowlbySupreme Court of the United States · 1894
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Hardin v. JordanSupreme Court of the United States · 1891
55 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Randall Pavlock v. Eric HolcombCourt of Appeals for the Seventh Circuit · 2022
- Chris E. Harkins v. Shannon Westmeyer, Jon Niklas, Angie Harkins, and Janet HarkinsIndiana Court of Appeals · 2018
- Akeem Daniels, Cameron Stingily, and Nicholas Stoner v. FanDuel, Inc. and DraftKings, Inc.Indiana Supreme Court · 2018
- Community Foundation of Northwest Indiana, Inc., St. Mary Medical Center, Inc., and Rebecca Iwanus v. Elizabeth A. MirandaIndiana Court of Appeals · 2019
- M Jewell, LLC v. Roger Bainbridge, in his capacity as Grant County Auditor Sarah A. Melford, in her capacity as County Treasurer John Lawson, in his capacity as a Grant County CommissionerIndiana Court of Appeals · 2018
29 more not listed; retrieve them via the Exa API.