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PRESS RELEASE
December 30, 2013 LEGAL VICTORY FOR THE TOWN OF LONG BEACH AFFIRMS PUBLIC BEACH RIGHTS On December 26, 2013, the LaPorte County Circuit Court issued an opinion and order dismissing a lawsuit brought a year ago by a group of beachfront property owners against the Town of Long Beach. [cite] The lawsuit sought to privatize the Lake Michigan beach by obtaining a ruling that would have prevented both the Town and public, including other members of the Long Beach community, from use of the beach except for a few feet at the waters edge. The Courts opinion and order rejected Plaintiffs contentions and affirmed the publics right to use the Lake Michigan beach up to the ordinary high watermark, a distance extending up to the natural dune grass in many places. The Long Beach Community Alliance (LBCA) intervened in the lawsuit to protect the entire Long Beach communitys historic right to use and enjoy the beach. Save the Dunes and the Alliance for the Great Lakes also intervened to protect the broader public interest in Indiana beaches. The Circuit Court denied Plaintiffs Motion for Summary Judgment and ruled in favor of the Town on all counts in the Complaint, effectively ending the lawsuit unless the Plaintiffs appeal this decision to the Indiana Appellate Court. There are also pending claims for attorneys fees made by the prevailing Town and Intervenors, contending that the lawsuit was baseless and forced the Town and Intervenors to incur unnecessary legal expenses. The Circuit Courts opinion cites another very recent U.S. District Court decision in a case involving the use of the beach in Indiana Dunes National Lakeshore in which the District Court held that the Indiana Lake Michigan shoreline is held by the State of Indiana in trust for the public up to the ordinary high watermark. Carstens v. Indiana Dunes National Lakeshore, __FSupp___]. Thus, in addition to several historic Appellate Court cases, there are now two 2013 decisions expressly stating that the public trust doctrine applies to the Lake Michigan beaches within Indiana. LBCA Board Member Patrick Cannon summed up LBCAs position on this ruling: LBCA is very pleased with this decision, as well as the federal District Courts decision. Both are a strong affirmation of the publics historic use and enjoyment of the Lake Michigan beach in our community. We sincerely hope that our beachfront neighbors will respect these decisions and recognize the rights of the entire community to walk, jog, sunbathe, and picnic on the beach. We also want to renew our offer to work with the beachfront owners to address any misuses of the public beach that may adversely affect the beachfront owners property, such as litter and noise. Our goal is to see animosities resolved and the beach restored to a friendly environment for all.##