Here's the Complaint filed earlier this month in an Indiana federal court, which alleges that the State of Indiana is liable for a judicial taking in a case we've been following. Yes, a judicial taking!
You recall that in Gunderson v. Indiana, 90 N.E.3d 171 (Ind. 2018), the Indiana Supreme Court concluded that the public owns up to the ordinary high water mark on Lake Michigan and had done so all the way back to statehood in 1816. Problem is, according to the plaintiffs here, "undisputed local, state, and federal acknowledgement over the years" was otherwise - the law said that the property was private, not public. Thus (again, according to the Complaint), "the Gunderson judgment changed the law of the State of Indiana, as recognized by prior Indiana court precedent as well as federal, state, and local authorities." Complaint at 2.
We suggest you read the entire Complaint. It isn't that long, there are photos, and there is but a single count:
71. Gunderson transformed the established law by moving Plaintiffs’—and all other Indiana lakefront property owners’—property lines to the OHWM [Ordinary High Water Mark], irrespective of their deeds or titles. This change in established state law effected a taking of Plaintiffs’ property, particularly their previously private dry beach.
72. Because Indiana is immune from suits for damages in federal court, and Plaintiffs allege that Indiana’s highest court changed the law to effect a taking of their property, Plaintiffs lack a remedy at law against the State defendants and therefore may seek declaratory and injunctive relief.
Complaint at 25.
It's been a while since a really big judicial takings case was in the pipeline, so we'll keep following along. Stay tuned.
Complaint for Declaratory and Injunctive Relief, Pavlock v. Holcomb, No. 2:19-cv-00466 (N.D. Ind. Dec. 5,
