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Wednesday, January 01, 2014

Ind. Decisions - More on "Court rules against Long Beach lakefront property owners"

Updating this ILB post from Monday (including a link to the trial court opinion), here is another story on the Long Beach dispute over who owns the Lake Michigan beachfront.

Some quotes from the Dec. 29th story by Kelley Smith of the Michigan City News Dispatch:

MICHIGAN CITY — It's official: Long Beach beach goers may continue to walk the Lake Michigan shoreline or even set up a blanket and beach chair along private lots – as long as they do so in the space between the water's edge and the ordinary high watermark (OHWM).

La Porte Circuit Court Judge Thomas Alevizos ruled Thursday in favor of the Town of Long Beach, which had been the defendant in a civil suit filed by the Long Beach Lakefront Homeowners Association (LBLHA) and two individual property owners just over a year ago.

The LBLHA, Don Gunderson and Margaret "Peg" West alleged in their Dec. 10, 2012 lawsuit the town had illegally claimed ownership rights of private lakefront properties, the boundary of which the homeowners say extends to the water's edge.

The town, however, says private property ordinances must be enforced only above the OHWM, which is 581.5 feet, making land between Lake Michigan and the OHWM available for public use.

The same story appeared Dec. 30th in the LaPorte Herald Argus.

Posted by Marcia Oddi on January 1, 2014 11:00 AM
Posted to Ind. Trial Ct. Decisions