Supreme Court of the United States · Official docket →
Bobbie Gunderson, et vir v. Indiana, et al.
Paid petition · Supreme Court of Indiana, No. 46S03-1706-PL-00423 · judgment February 14, 2018
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and counsel who has filed here before.
Question presented
Under federal law, on admission to the Union a state takes title to lands underlying navigable waters, up to the “ordinary high water mark.” On the seashore this mark is the average high-tide line, which typically falls partway up the beach. But this Court has yet to clarify how the high-water mark is defined on nontidal lakes, such as the Great Lakes. The question presented is whether—in conflict with the rule on the seashore—the newly-admitted states took title to the entire beach surrounding the Great Lakes.
Counsel of record
For petitioner
Aaron D. Van Oort
Faegre Drinker Biddle & Reath LLP
For respondent
Thomas M. Fisher
EdChoice, Inc.
Proceedings
- Feb 19 2019Motion for leave to file amicus brief filed by Minnesota Association of Realtors GRANTED.
- Feb 19 2019Motion for leave to file amici brief filed by Cato Institute, et al. GRANTED.
- Feb 19 2019Petition DENIED.
- Jan 30 2019DISTRIBUTED for Conference of 2/15/2019.
- Jan 29 2019Reply of petitioners Bobbie Gunderson, et al. filed.
- Jan 11 2019Brief of respondent-Intervenors Long Beach Community Alliance; et al. in opposition filed.
- Jan 11 2019Brief of State of Indiana and the Indiana Department of Natural Resources in opposition not accepted for filing. (Corrected Version Submitted)(January 24, 2019)
- Jan 11 2019Brief of respondents State of Indiana, et al. in opposition filed. (1/22/2019)
- Jan 03 2019Brief of respondent-Intervenors Alliance for the Great Lakes, Save the Dunes in opposition filed.
- Nov 13 2018Motion for leave to file amici brief filed by Cato Institute, et al.
- Nov 09 2018Motion for leave to file amicus brief filed by Minnesota Association of Realtors.
- Nov 06 2018Motion to extend the time to file a response is granted and the time is extended to and including January 11, 2019, for all respondents.
- Nov 05 2018Blanket Consent filed by Petitioner, Bobbie Gunderson, et al.
- Nov 02 2018Consent to the filing of amicus briefs received from counsel for State of Indiana, et al. not accepted for filing. (November 02, 2018) (Corrected version submitted November 2, 2018).
- Nov 02 2018Motion to extend the time to file a response from November 13, 2018 to January 11, 2019, submitted to The Clerk.
- Nov 02 2018Blanket Consent filed by Respondent, State of Indiana and the Indiana Department of Natural Resources.(Amended version submitted 11/2/2018)
- Oct 05 2018Petition for a writ of certiorari filed. (Response due November 13, 2018)
- Jul 31 2018Application (18A109) granted by Justice Kagan extending the time to file until October 5, 2018.
- Jul 27 2018Application (18A109) to extend the time to file a petition for a writ of certiorari from August 7, 2018 to October 5, 2018, submitted to Justice Kagan.