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Long Beach Community Alliance

We Need Your Help: Gunderson Wants the U.S. Supreme Court to Overturn Our Indiana Supreme Court Victory

On Valentine’s Day 2018, after a 6-year battle, including 4 years of litigation in the Indiana courts, the Long Beach Community Alliance, together with its allies at Save the Dunes and the Alliance for the Great Lakes, won a great victory for the residents of Long Beach and the citizens of Indiana. That is the day when the Indiana Supreme Court ruled in our favor in the Gunderson case that the Lake Michigan beach is owned by the State of Indiana and held in trust for the benefit of the public up to the Natural Ordinary High Water Mark (Natural OHWM). That was your victory! It was a long, hard, expensive slog to get there, but we won!

But unfortunately, the Gunderson Trust (or whoever is footing the legal bills in their name) has now filed a “Petition for Certiorari” in the U.S. Supreme Court where they are seeking to overturn the Indiana Supreme Court decision. They are continuing to argue that they and every other property owner adjacent to the Lake Michigan shoreline own to the “water’s edge” and have the right to exclude anyone else from any use of any portion of the dry beach – including even walking on the beach.

So, we’re not done yet! LBCA believes the Gunderson parties are simply wrong as a matter of well-established law, but we have learned that we cannot sit back and rely upon the State of Indiana to defend our rights. (In fact, the Department of Natural Resources is still refusing to take responsibility for protecting the Lake Michigan beach up to the Natural OHWM against private construction and is right now allowing the public beach to be covered in boulders and plowed into the Lake – an unbelievable abdication of their responsibility under the Gunderson decision. Ignoring Indiana law, DNR says it is waiting to hear from the U.S. Supreme Court!)

As you may know, the Gunderson family long ago sold their property to developers, who subdivided the historic “Swallows” house property into multiple lots and resold it at millions in profit. And it isn’t clear who is now footing the legal bills in the Gunderson name. But whoever they are, they have deep pockets.

LBCA needs a substantial influx of new funding to maintain our victory and preserve the beach for all of us. Filing briefs and arguing in the U.S. Supreme Court is expensive. We are at a crossroads. Can we stay in the fight or do we stand back and risk losing all we have preserved?

Please take this moment to reflect on what the Lake Michigan beach means to you, your family, and the value of your home, as well as to the community of Long Beach and its history and future. Then please make a tax-deductible donation – please be as generous as you can – to help LBCA stay in this fight all the way through to prevailing in the U.S. Supreme Court and once and for all stopping these wealthy developers’ landgrab and privatization of our precious shoreline beaches.

Thank you. We can’t do this without you.

LBCA Board

Please Continue Your Support

We appreciate your continued support.

Please make checks payable to the Long Beach Community Alliance which can be sent to:

LBCA

P.O. Box 167

Michigan City, IN 46361

or donations can be processed online via our website at [http://www.lbcall.org]

Again, thank you for your continued support.

PLEASE FORWARD TO A FRIEND http://longbeachcommunityalliance.forwardtomyfriend.com/j-uhjjyuklh-F98EE438-phhtkdy-l-o

Long Beach Community Alliance

LBCA is a 501(c)(3) not for profit organization and all donations are 100% tax deductible.

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