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Don Gunderson, et al. v. State of Indiana, et al.

Appellate Court:

Court of Appeals

Case Number:

46A03-1508-PL-01116

Case Type:

Civil Plenary

Related Case(s):

Court of Appeals - 46A04-1601-PL-00084

LaPorte Superior Court 2 - 46D02-1404-PL-000606

Supreme Court - 46S03-1706-PL-00423

Parties to the Case

Show Party Details

Gunderson, Don; - Appellant

Contact information not available

Gunderson, Bobbie; - Appellant

Michael V. Knight

Attorney Number: 22066-45

Barnes & Thornburg Llp

700 1St Source Bank Cent.

South Bend, IN 46601

574-233-1171

John R Maley

Attorney Number: 14300-89

11 South Meridian Street

Indianapolis, IN 46204

317-236-1313

Mark Lawrence Phillips

Attorney Number: 5860-46

916 Lincolnway

P.O.Box 1816

Laporte, IN 46350

219-362-1577

Leah Lewis Seigel

Attorney Number: 32142-49

Barnes & Thornburg Llp

11 South Meridian Street

Indianapolis, IN 46204


State of Indiana; - Appellee

Contact information not available

Indiana Department of Natural Resources; - Appellee

Thomas Molnar Fisher

Attorney Number: 17949-49

302 West Washington St.

Ag Igc-South 5Th Fl.

Indianapolis, IN 46204

317-237-0300

Curtis Theophilus Hill

Attorney Number: 13999-20

Indiana Attorney General

302 West Washington Street

Indianapolis, IN 46204

317-232-6201

Andrea Elizabeth Rahman

Attorney Number: 32728-29

302 W. Washington St.

Igcs 5Th Floor

Indianapolis, IN 46204

317-232-6332

David Lee Steiner

Attorney Number: 701-49

219 State House

Indianapolis, IN 46204

317-232-6334


Alliance For The Great Lakes, Inc.; - Appellee

Jeffrey Bruce Hyman

Attorney Number: 24625-89

116 S. Indiana Ave.

Bloomington, IN 47408

812-856-5737

W. William Weeks

Attorney Number: 1155-49

Conservation Law Center

116 S. Indiana Ave.

Bloomington, IN 47408

812-855-0615


Save The Dunes, Inc.; - Appellee

Contact information not available

Long Beach Community Alliance; - Appellee

Kurt Russell Earnst

Attorney Number: 19333-64

126 East 5Th Street

Po Box 1006

Michigan City, IN 46361

219-872-2100

Patricia F. Sharkey

Attorney Number: 476795-TA

Ste. 3700

180 N. Lasalle St.

Chicago, IL 60601

312-981-0404


Cannon, Patrick; - Appellee

Contact information not available

Wall, John; - Appellee

Contact information not available

Lemay, Doria; - Appellee

Contact information not available

Salmon, Michael; - Appellee

Contact information not available

King, Thomas; - Appellee

Contact information not available

Save Our Shoreline; - Friend of the Court

David L. Powers

Attorney Number: 530995-TA

900 Washington Avenue

Bay City, MI 48708

989-892-3924

Keith Alan Schofner

Attorney Number: 15259-49

755 W. Big Beaver Road

Suite 410

Troy, MI 48084


Pacific Legal Foundation; - Friend of the Court

Paul Edgar Harold

Attorney Number: 25917-71

Ladue Curran Kuehn

100 E. Wayne Street

South Bend, IN 46601

574-968-0760

Stephen Michael Judge

Attorney Number: 31831-71

202 S. Michigan St.

Ste. 1400

South Bend, IN 46601

574-239-1942

Mark Miller

Attorney Number: 482795-TA

8645 N. Military Trail

#511

Palm Beach Gardens, FL 33410

561-691-5000


Cahnman, Ray; - Friend of the Court

Contact information not available

Chronological Case Summary Show Documents Only Toggle Capitalization

Date Event Details
8/7/2015

Notice of Appeal Filed

Attorney: Knight, Michael
Attorney: Phillips, Mark
Party: Gunderson, Bobbie
Party: Gunderson, Don
Certificate of Service-Mailed 08/07/15
8/18/2015

Received Document

Receive Date: 08/21/15 Notice of Completion of Clerk's Record - missing CCS
8/24/2015

Note

Notice of Completion of Clerk's Record returned to trial court clerk for correction.
8/25/2015

Appearance

Attorney: Hyman, Jeffrey
Attorney: Weeks, W.
Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
Certificate of Service-Mailed 08/25/15
8/26/2015

Notice of Completion of Clerk's Record

Transcript Not Yet Completed Certificate of Service-Mailed 08/18/15
9/15/2015

Notice of Completion of Transcript

Certificate of Service-Mailed 09/15/15
9/21/2015

Appearance

Attorney: Earnst, Kurt
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
Certificate of Service-Mailed 09/21/15
9/21/2015

Received Document

Receive Date: 09/28/15 Notice of Appearance by Patricia F. Sharkey - Atty. must seek leave to appear as temporary admission attorney.
10/1/2015

Letter Issued

Serve: Earnst, Kurt
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Phillips, Mark
Serve: Sharkey, Patricia
Serve: Weeks, W.
Regarding Temporary Admission - Patricia Sharkey
10/1/2015

Document Transmitted

10/2/2015

Appellant Brief and Appendix

Party: Gunderson, Bobbie
Volumes of Appendix: five (5) Certificate of Service-Mailed 10/02/15
10/8/2015

Appearance by Deputy AG

DAG: Rahman, Andrea
Party: Indiana Department Of Natural Resources
Party: State of Indiana
Certificate of Service-Mailed 10/08/15
10/8/2015

Appearance by Deputy AG

DAG: Steiner, David
Party: Indiana Department Of Natural Resources
Party: State of Indiana
Certificate of Service-Mailed 10/08/15
10/8/2015

Appearance

Attorney: Schofner, Keith
Party: Save Our Shoreline
Certificate of Service-Mailed 10/08/15 Note: Atty. David Powers is also listed on appearance - atty. must seek temporary admission.
10/8/2015

Received Document

Receive Date: 10/09/15 Motion to Appear as Amicus Curiae - Motion must be double-spaced and must be signed by Indiana counsel only until such time as temporary admission is approved.
10/8/2015

Received Document

Receive Date: 10/09/15 Petition for Temporary Admission - Petition must be double-spaced.
10/8/2015

Received Document

Receive Date: 10/09/15 Brief of Amicus - Save Our Shoreline - Pending motion to appear.
10/9/2015

Appearance

Attorney: Harold, Paul
Party: Cahnman, Ray
Party: Pacific Legal Foundation
Certificate of Service-Mailed 10/09/15
10/9/2015

Petition for Temporary Admission

Attorney: Miller, Mark
Party: Cahnman, Ray
Party: Pacific Legal Foundation
Certificate of Service-Mailed 10/09/15
10/9/2015

Received Document

Receive Date: 10/13/15 Motion for Leave to Appear as Amicus Curiae and Brief in Support (Ray Cahman and Pacific Legal Foundation) - Motion and brief contains signatures by temporary admission attorney. Atty. Miller must be granted tempoary admission status before motion may be filed.
10/14/2015

Document Transmitted

10/14/2015

Notice of Defect Issued

Party: Save Our Shoreline
Serve: Earnst, Kurt
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Steiner, David
Serve: Weeks, W.
Petition for Temporary Admission - David Powers
10/14/2015

Notice of Defect Issued

Party: Save Our Shoreline
Serve: Alliance for the Great Lakes, Inc.
Serve: Cannon, Patrick
Serve: Earnst, Kurt
Serve: Gunderson, Bobbie
Serve: Gunderson, Don
Serve: Hyman, Jeffrey
Serve: Indiana Department Of Natural Resources
Serve: King, Thomas
Serve: Knight, Michael
Serve: Lemay, Doria
Serve: Long Beach Community Alliance
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Salmon, Michael
Serve: Save Our Shoreline
Serve: Save the Dunes, Inc.
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: State of Indiana
Serve: Steiner, David
Serve: Wall, John
Serve: Weeks, W.
Motion to Appear as Amicus Curiae - Save our Shoreline
10/16/2015

Motion to Stay

Party: Alliance for the Great Lakes, Inc.
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Save the Dunes, Inc.
Party: Wall, John
Joint Motion for Immediate Temporary Stay of Appeal Proceedings and Remand with attachments by Appellee's Alliance for the Great Lakes and Save the Dunes, and Appellee's Long Beach Community Alliance, Patrick Cannon, John Wall, Doria Lemay, Michael Salmon and Thomas King Certificate of Service-Mailed 10/16/15
10/19/2015

Notice of Defect Cured

Petition for Temporary Admission (Powers)
10/19/2015

Petition for Temporary Admission

Attorney: Powers, David
Party: Save Our Shoreline
Certificate of Service-Mailed 10/16/15
10/19/2015

Document Transmitted

10/20/2015

Response

Party: Gunderson, Bobbie
Party: Gunderson, Don
to Joint Motion to Stay Certificate of Service-Mailed 10/20/15
10/21/2015 Order Granting Temporary Admission

order granting temp admission (Miller)

Judicial Officer: Vaidik, Nancy H.
Party: Pacific Legal Foundation
Serve: Earnst, Kurt
Serve: Gunderson, Don
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: 1. The Verified Petition for Temporary Admission is granted. 2. Mark Miller is now admitted on temporary admission for amicus curiae Pacific Legal Foundation. 3. Attorney Mark Miller is hereby ordered to comply with the requirements of Admission and Discipline Rule 3, Sections 2(b) and 2(c). This requires filing a "Notice of Temporary Admission" with the Clerk of the Supreme Court within thirty days of this order. Without this filing, Mark Miller will be automatically excluded from the practice of law in this State and any further legal practice in any case in this State will constitute the unauthorized practice of law. See Admis. Disc. R. 3, sec. 2(b), (e), and (f). The Notice of Temporary Admission should be sent to: Roll of Attorneys Administrator, c/o Clerk of the Supreme Court, 402 West Washington Street, Room W062, Indianapolis, Indiana 46204. 4. Co-counsel is directed to comply with Admission and Discipline Rule 3, Section 2(d), including the requirement that all documents filed in this case be signed by a member of the bar of the State of Indiana. 5. The Clerk is directed to show the appearance of Mark Miller as being entered as of the date of this order, and to send a copy of this order to Mark Miller and to all other counsel of record.
10/21/2015

Document Transmitted

10/21/2015

Notice of Defect Cured

Motion to Appear as Amicus Curiae (Save Our Shoreline)
10/21/2015

Motion to Appear as Amicus Curiae

Party: Save Our Shoreline
Certificate of Service-Mailed 10/21/15
10/21/2015

Motion to Appear as Amicus Curiae

Party: Cahnman, Ray
Party: Pacific Legal Foundation
Certificate of Service-Mailed 11/09/15
10/21/2015

Motion to Appear as Amicus Curiae

Party: Cahnman, Ray
Party: Pacific Legal Foundation
Certificate of Service-Mailed 10/09/15
10/23/2015 Order Granting Motion to Stay

order granting motion to stay

Judicial Officer: Vaidik, Nancy H.
Party: Indiana Department Of Natural Resources
Party: State of Indiana
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: 1. Appellees' Joint Motion for Immediate Temporary Stay of Appeal Proceedings and Remand is granted. Pursuant to Indiana Appellate Rule 37, this appeal is temporarily stayed and this case is remanded to the trial court so that it may rule on Appellees' Motions to Correct Error. 2. Within sixty (60) days of the date of this order, the trial court shall conduct any necessary hearings and issue its ruling on Appellees' Motions to Correct Error. 3. Within sixty-five (65) days of the date of this order, Appellees are ordered to file a status report regarding the proceedings before the trial court. 4. The Clerk of this Court is directed to send this order to the parties, Judge Richard R. Stalbrink, Jr. of the LaPorte Superior Court, and to the LaPorte Circuit and Superior Courts Clerk. 5. The LaPorte Circuit and Superior Courts Clerk is directed to file this Order in Lower Cause Number 46D02-1404-PL-606 and, pursuant to Indiana Trial Rule 77(D), to place the contents of this Order in the Record of Judgments and Orders.
10/23/2015

Document Transmitted

10/26/2015

Notice of Temporary Admission

Attorney: Miller, Mark
Mark Miller
10/28/2015 Order Granting Temporary Admission

order granting temp admission (Powers)

Judicial Officer: Vaidik, Nancy H.
Party: Powers, David
Serve: Earnst, Kurt
Serve: Gunderson, Don
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Save the Dunes, Inc.
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: 1. The Verified Petition for Temporary Admission is granted. 2. David L. Powers is now admitted on temporary admission for amicus curiae Save Our Shoreline, Inc. 3. Attorney David L. Powers is hereby ordered to comply with the requirements of Admission and Discipline Rule 3, Sections 2(b) and 2(c). This requires filing a "Notice of Temporary Admission" with the Clerk of the Supreme Court within thirty days of this order. Without this filing, David L. Powers will be automatically excluded from the practice of law in this State and any further legal practice in any case in this State will constitute the unauthorized practice of law. See Admis. Disc. R. 3, sec. 2(b), (e), and (f). The Notice of Temporary Admission should be sent to: Roll of Attorneys Administrator, c/o Clerk of the Supreme Court, 402 West Washington Street, Room W062, Indianapolis, Indiana 46204. 4. Co-counsel is directed to comply with Admission and Discipline Rule 3, Section 2(d), including the requirement that all documents filed in this case be signed by a member of the bar of the State of Indiana. 5. The Clerk is directed to show the appearance of David L. Powers as being entered as of the date of this order, and to send a copy of this order to David L. Powers and to all other counsel of record
10/28/2015

Motion to Reconsider

Party: Gunderson, Bobbie
Party: Gunderson, Don
Motion to Reconsider Remand Order Certificate of Service-Mailed 10/28/15
10/28/2015

Document Transmitted

11/3/2015

Petition for Temporary Admission

Attorney: Sharkey, Patricia
Party: Long Beach Community Alliance
Certificate of Service-Mailed 11/03/15
11/4/2015

Response

Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
Response to Appellant's Motion to Reconsider Remand Order Certificate of Service-Mailed 11/04/15
11/5/2015

Mail Returned as Undeliverable

Order sent by mail on 10/28/15 Recipient: Don Gunderson Reason: Return to Sender Order resent to the address provided by the US post office on 11/06/15.
11/9/2015 Order Issued

order granting amicus (Save Our Shoreline)

Judicial Officer: Vaidik, Nancy H.
Party: Save Our Shoreline
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: 1. The Motion to Appear as Amicus Curiae is granted. 2. The Clerk of this Court is directed to file the Brief of Amicus Curiae Save Our Shoreline in Support of Appellants as of the date of this order. Najam, May, JJ., Darden, Sr.J., concur.
11/9/2015

Document Transmitted

11/9/2015

Brief of Amicus Curiae

Party: Save Our Shoreline
Certificate of Service-Mailed 10/08/15
11/9/2015

Corrected Entry

Certificate of Service for Motion to Appear as Amicus (Ray Cahn man and Pacific Legal) should be corrected to show a certificate of service date of 10/09/15, not 11/09/15.
11/9/2015

Notice of Temporary Admission

Attorney: Powers, David
Attorney: Schofner, Keith
David L. Powers
11/18/2015 Order Granting Temporary Admission

order granting temp. admission

Judicial Officer: Vaidik, Nancy H.
Party: Earnst, Kurt
Serve: Gunderson, Don
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Save the Dunes, Inc.
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: 1. The Verified Petition for Temporary Admission is granted. 2. Patricia F. Sharkey is now admitted on temporary admission for Appellees Long Beach Community Alliance, Patrick Cannon, John Wall, Doria Lemay, Michael Salmon, and Thomas King. 3. Attorney Patricia F. Sharkey is hereby ordered to comply with the requirements of Admission and Discipline Rule 3, Sections 2(b) and 2(c). This requires filing a "Notice of Temporary Admission" with the Clerk of the Supreme Court within thirty days of this order. Without this filing, Patricia F. Sharkey will be automatically excluded from the practice of law in this State and any further legal practice in any case in this State will constitute the unauthorized practice of law. See Admis. Disc. R. 3, sec. 2(b), (e), and (f). The Notice of Temporary Admission should be sent to: Roll of Attorneys Administrator, c/o Clerk of the Supreme Court, 402 West Washington Street, Room W062, Indianapolis, Indiana 46204. 4. Co-counsel is directed to comply with Admission and Discipline Rule 3, Section 2(d), including the requirement that all documents filed in this case be signed by a member of the bar of the State of Indiana. 5. The Clerk is directed to show the appearance of Patricia F. Sharkey as being entered as of the date of this order, and to send a copy of this order to Patricia F. Sharkey and to all other counsel of record.
11/18/2015

Document Transmitted

11/18/2015

Notice of Temporary Admission

Attorney: Earnst, Kurt
Patricia Sharkey
11/23/2015

Brief of Amicus Curiae

Party: Cahnman, Ray
Party: Pacific Legal Foundation
Certificate of Service-Mailed 10/09/15
11/23/2015 Order Denying Motion to Reconsider

order denying motion to reconsider remand order

Judicial Officer: Vaidik, Nancy H.
Party: Gunderson, Bobbie
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: Appellants' Motion to Reconsider Remand Order is denied. Najam, May, JJ., Friedlander, Sr.J., concur.
11/23/2015 Order Issued

order granting amicus

Judicial Officer: Vaidik, Nancy H.
Party: Cahnman, Ray
Party: Pacific Legal Foundation
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: 1. The Verified Motion for Leave to Appear as Amicus Curiae and File a Brief in Support of Appellants is granted. 2. The Clerk of this Court is directed to file the Brief Amicus Curiae of Ray Cahnman and Pacific Legal Foundation in Support of Appellants as of the date of this order. Najam, May, JJ., Friedlander, Sr.J., concur.
11/23/2015

Document Transmitted

11/23/2015

Document Transmitted

12/28/2015

Motion to Stay

Party: Alliance for the Great Lakes, Inc.
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Save the Dunes, Inc.
Party: Wall, John
Certificate of Service-Mailed 12/28/15
12/28/2015

Status Report

Party: Alliance for the Great Lakes, Inc.
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Save the Dunes, Inc.
Party: Wall, John
Certificate of Service-Mailed 12/28/15
12/30/2015

Status Report

Party: Indiana Department Of Natural Resources
Party: State of Indiana
Status Report Regarding Trial Court Proceedings Certificate of Service-Mailed 12/30/15
12/31/2015

Status Report

Party: Indiana Department Of Natural Resources
Party: State of Indiana
**Amended** Certificate of Service-Mailed 12/31/15
1/4/2016

Response

Party: Gunderson, Bobbie
Document Titled Appellants' Response to Joint Motion Certificate of Service-Mailed 1/4/16
1/6/2016

Status Report

Party: Indiana Department Of Natural Resources
Supplemental Status Report Certificate of Service-Mailed 01/06/16
1/15/2016

Renewal of Temporary Admission

Attorney: Powers, David
David L. Powers
1/29/2016

Renewal of Temporary Admission

Attorney: Sharkey, Patricia
Patricia F. Sharkey
2/2/2016 Order Issued

order granting motion to stay and consolidate

Judicial Officer: Vaidik, Nancy H.
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: 1. Appellees' Joint Motion for Stay of Time to Respond to Appellants' Brief, to Allow for Filing and Consolidation of Related Appeals is Granted in Part. 2. Pursuant to Indiana Appellate Rule 38, this Court hereby consolidates Cause Number 46A04-1601-PL-84 under Cause Number 46A03-1508-PL-1116. 3. The Clerk of this Court is directed to transfer all filings in Cause Number 46A04-1601-PL-84 to Cause Number 46A03-1508-PL-1116, and thereafter to close the docket on Cause Number 46A04-1601-PL-84. 4. All further filings are to be made under Appellate Cause Number 46A03-1508- PL-1116. 5. All status reports listed above are hereby Acknowledged. 6. The Clerk of this Court is directed to designate Don Gunderson and Bobbie Gunderson as Appellants-Cross Appellees. 7. The Clerk of this Court is directed to designate Alliance for the Great Lakes, Inc., Save the Dunes, Inc., Long Beach Community Alliance, Patrick Cannon, John Wall, Doria Lemay, Michael Salmon, and Thomas King as Appellees-Cross Appellants. 8. The State of Indiana and Indiana Department of Natural Resources shall remain designated as Appellees. 9. Appellants-Cross-Appellees' Amended Appellants' brief shall be due no later than thirty (30) days from the date of this order. 10. Thereafter, this appeal shall proceed in accordance with the Rules of Appellate Procedure. 11. The Clerk of this Court is directed to send a copy of this order to the parties and the LaPorte Circuit and Superior Courts Clerk. 12. The LaPorte Circuit and Superior Courts Clerk is directed to file a copy of this order under Lower Cause Number 46D02-1404-PL-606, and pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders.
2/2/2016

Note

46A04-1601-PL-84 consolidated into this cause, per the order issued 2/2/16
2/2/2016

Document Transmitted

2/19/2016

Appellant Brief and Appendix

Party: Gunderson, Bobbie
Party: Gunderson, Don
*Amended* Volumes of Appendix: 1 (Titled Supplemental, Volume VI) Certificate of Service-Mailed 02/19/16 *Appellants-Cross Appellees*
2/22/2016

Notice of Completion of Clerk's Record

Transcript Not Yet Completed Certificate of Service-Mailed 02/22/16 (For Notice of Appeal filed 01/15/16 - originally filed under cause number 46A04-1601-PL-84)
3/9/2016

Automatic Exclusion of Attorney

Attorney: Miller, Mark
3/14/2016

Note

Order granting readmission to excluded attorney 94S00-1603-MS-123-Mark Miller. Temporary Admission fees have been paid for 2016.
3/14/2016

Motion for Extension of Time to File Brief

Party: Indiana Department Of Natural Resources
Party: State of Indiana
Certificate of Service-Mailed 03/14/16
3/17/2016 Order Granting Motion for Extension of Time To File Brief

order granting extension of time

Judicial Officer: Vaidik, Nancy H.
Party: Alliance for the Great Lakes, Inc.
Party: Cannon, Patrick
Party: Indiana Department Of Natural Resources
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Save the Dunes, Inc.
Party: State of Indiana
Party: Wall, John
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: 1. Appellees' Verified Motion for First Extension of Time to File the Brief of Appellee is granted. 2. Appellee' brief shall be filed on or before April 20, 2016.
3/17/2016

Document Transmitted

3/21/2016

Appellee Brief, Addendum and Appendix

Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
Volumes of Appendix: One (1) Certificate of Service-Mailed 03/21/16
3/21/2016

Note

Appellee/Cross Appellant
3/21/2016

Motion for Extension of Time to File Brief

Attorney: Earnst, Kurt
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
Certificate of Service-Mailed 03/21/16
3/22/2016

Motion for Extension of Time to File Brief

Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
of Appellee Certificate of Service-Mailed 03/21/16
3/23/2016

Appellee/Cross-Appellant Brief

Attorney: Earnst, Kurt
Attorney: Sharkey, Patricia
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
Certificate of Service-Mailed 03/23/16
3/23/2016

Appendix Filed

Attorney: Earnst, Kurt
Attorney: Sharkey, Patricia
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
Appellees/Cross Appellants Volumes of Appendices: One (1) Certificate of Service-Mailed 03/23/16
3/29/2016

Motion to Clarify

Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
Certificate of Service-Mailed 03/29/16
3/30/2016 Order Issued

order granting motion for clarification

Judicial Officer: Vaidik, Nancy H.
Party: Cannon, Patrick
Party: Indiana Department Of Natural Resources
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Save the Dunes, Inc.
Party: State of Indiana
Party: Wall, John
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: 1. Appellees-Cross Appellants' Motion for Clarification of Briefing Schedule is granted. 2. Appellees State of Indiana and Indiana Department of Natural Resources' Appellee's Brief shall be filed by April 20, 2016 pursuant to this Court's Order of March 17, 2016. 3. Appellants-Cross Appellees' Don Gunderson and Bobbie Gunderson's Reply Briefs shall be filed by May 9, 2016. Appellants-Cross Appellees may only file a single 14,000 word Reply Brief to Appellees-Cross Appellants Alliance for the Great Lakes and Save the Dunes's March 21, 2016 brief, a single 14,000 word Reply Brief to Appellees-Cross Appellants Long Beach Community Alliance, Patrick Cannon, John Wall, Doria Lemay, Michael Salmon and Thomas King's March 23, 2016 Brief, and a single 7,000 word Reply Brief to Appellees State of Indiana and Indiana Department of Natural Resources' forthcoming brief. 4. Appellees-Cross Appellants Alliance for the Great Lakes and Save the Dunes's Reply Brief shall be filed by May 27, 2016. 5. Appellees-Cross Appellants Long Beach Community Alliance, Patrick Cannon, John Wall, Doria Lemay, Michael Salmon and Thomas King's Reply Brief shall be filed by May 27, 2016.
3/30/2016

Document Transmitted

3/31/2016 Order Denying Motion for Extension of Time

order denying extension of time

Judicial Officer: Vaidik, Nancy H.
Party: Cannon, Patrick
Party: Indiana Department Of Natural Resources
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Save the Dunes, Inc.
Party: State of Indiana
Party: Wall, John
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: Appellees' Verified Motion for First Extension of Time to File the Brief of Appellee is denied as moot.
3/31/2016

Document Transmitted

4/18/2016

Notice of Completion of Clerk's Record

Transcript Complete Certificate of Service-Mailed 04/18/16
4/20/2016 Appellee Brief

Brief - Appellee

Attorney: Rahman, Andrea
Party: Indiana Department Of Natural Resources
Party: State of Indiana
Certificate of Service-Mailed 04/20/16
4/25/2016

Document Filed

Attorney: Rahman, Andrea
Attorney: Steiner, David
Verified Motion to Be Designated a Cross-Appellant and File a Reply Brief Certificate of Service-Mailed 04/25/16
4/27/2016 Order Issued

order granting motion to be cross appellant

Judicial Officer: Vaidik, Nancy H.
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: 1. Appellees' Verified Motion to be Designated a Cross-Appellant and File a Reply Brief is granted. 2. Appellees State of Indiana and Indiana Department of Natural Resources are hereby designated as Appellees/Cross-Appellants and are granted leave to file a Reply Brief within fifteen (15) days of any Cross-Appellee Brief challenging the State's cross-appeal.
4/27/2016

Document Transmitted

5/4/2016 Brief - Appellant/Cross-Appellee Reply

Brief - Appellant/Cross-Appellee Reply

Attorney: Knight, Michael
Attorney: Phillips, Mark
Party: Gunderson, Bobbie
Party: Gunderson, Don
Certificate of Service-Mailed 05/04/16
5/11/2016

Motion for Oral Argument

Attorney: Knight, Michael
Attorney: Phillips, Mark
Party: Gunderson, Bobbie
Party: Gunderson, Don
Certificate of Service-Mailed 05/11/16
5/16/2016

Document Filed

Attorney: Earnst, Kurt
Attorney: Sharkey, Patricia
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
Long Beach Community Alliance et al., Verified Motion to be Designated a Cross-Appellee and to File a Cross-Appellee Response Brief Certificate of Service-Mailed 05/16/16
5/20/2016 Order Issued

order granting motion to be designated cross-appellee

Judicial Officer: Vaidik, Nancy H.
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: 1. Appellee LBCA's Verified Motion to Be Designated a Cross-Appellee and to File a Cross-Appellee Response Brief is granted. 2. Appellee LBCA is hereby designated as Cross-Appellee and is granted leave to file a Response Brief within thirty (30) days of the date of this order.
5/20/2016

Document Transmitted

5/27/2016 Brief - Appellee/Cross-Appellant Reply

Brief - Appellee/Cross-Appellant Reply (Alliance and Save the Dunes)

Attorney: Hyman, Jeffrey
Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
Certificate of Service-Mailed 05/27/16
5/27/2016 Brief - Appellee/Cross-Appellant Reply

Brief - Appellee/Cross-Appellant Reply (Long Beach, et al.)

Attorney: Earnst, Kurt
Attorney: Sharkey, Patricia
Party: Cannon, Patrick
Party: Gunderson, Don
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Wall, John
Certificate of Service-Mailed 05/27/16
6/2/2016

Trial Court Clerk Notified to Transmit Transcript

6/2/2016

Received from Trial Court/Agency Clerk

Volumes of Transcripts 1 Received By-Mailed 06/06/2016
6/9/2016

Case Fully Briefed

Oral Argument Requested: Yes
6/9/2016

Transmitted to Court of Appeals

6/13/2016 Brief - Appellant Reply

Brief - Appellee Reply

Attorney: Rahman, Andrea
Party: Indiana Department Of Natural Resources
Party: State of Indiana
Certificate of Service-Mailed 06/13/16
6/17/2016

Document Filed

Attorney: Knight, Michael
Attorney: Phillips, Mark
Party: Gunderson, Bobbie
Party: Gunderson, Don
Appellant/Cross-Appellee's Motion to Join In Part, State's Reply Brief Filed 06/13/16 Certificate of Service-Mailed 06/17/16
6/17/2016 Brief - Appellee

Brief - Cross Appellee

Attorney: Earnst, Kurt
Attorney: Sharkey, Patricia
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
**Response Brief of Cross-Appellee** Certificate of Service-Mailed 06/17/16
7/5/2016 Brief - Appellant Reply

Brief - Cross-Appellant Reply

Attorney: Rahman, Andrea
Party: Indiana Department Of Natural Resources
Party: State of Indiana
Reply Brief of the Cross-Appellants, State of Indiana and Indiana Department of Natural Resources, Responding to the Cross-Appellee Brief Filed by Long Beach Community Alliance on June 17, 2016. Certificate of Service- Electronically Served to Jeffrey Hyman, William Weeks, and Kurt Earnst, all others by mail on 07/05/16
7/18/2016 Order Scheduling Oral Argument

order scheduling oral argument

Judicial Officer: Vaidik, Nancy H.
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Steiner, David
Serve: Weeks, W.
The Court finds and orders as follows: 1. This case is scheduled for Oral Argument for the following date, time, and place: Thursday, September 8, 2016 1:30 p.m., (Indianapolis Time) Indiana Supreme Court Courtroom Statehouse, Room 317 Indianapolis, Indiana, 46204 2. The argument is scheduled for web-cast at www.IN.gov/judiciary and will be televised on a monitor outside of the Courtroom. 3. Attorneys who plan to sit at counsel's table should arrive at least fifteen (15) minutes before the scheduled start of the argument. 4. Each side will be allotted twenty (20) minutes for argument. 5. The scheduled panel members are Judges Baker, May, and Brown. 6. The contact number for the Court is (317) 234-4859. 7. In accordance with Indiana Appellate Rule 52 (C), counsel of record shall file with the Clerk an acknowledgment of this order no later than fifteen (15) days after service of the order. 8. The parties are reminded to comply with Indiana Administrative Rule 9(G) and Indiana Appellate Rule 53(H).
7/18/2016

Document Transmitted

7/20/2016

Acknowledgment of Order Setting Oral Argument

Attorney: Knight, Michael
Attorney: Phillips, Mark
Party: Gunderson, Bobbie
Party: Gunderson, Don
Certificate of Service-Mailed on some parties and e-served on some parties 07/20/16 (See cert. of service for specifics)
7/21/2016

Acknowledgment of Order Setting Oral Argument

Attorney: Hyman, Jeffrey
Party: Alliance for the Great Lakes, Inc.
Certificate of Service- 7/21/16 Some parties served by mail and some parties e-served.
7/21/2016 Document Filed

Motion for Oral Argument Clarification
Motion for Oral Argument Clarification Attachment 1
Motion for Oral Argument Clarification Attachment 2
Motion for Oral Argument Clarification Attachment 3
Motion for Oral Argument Clarification Attachment 4

Attorney: Hyman, Jeffrey
Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
Motion for Oral Argument Time by Appellees-Cross Appellants Alliance for the Great Lakes and Save the Dunes Certificate of Service-Mailed 07/21/16 Appears to be Motion for Clarification of Oral Argument
7/21/2016

Acknowledgment of Order Setting Oral Argument

Attorney: Earnst, Kurt
Attorney: Sharkey, Patricia
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
Certificate of Service-Mailed 07/21/16
7/26/2016

Acknowledgment of Order Setting Oral Argument

Attorney: Harold, Paul
Attorney: Miller, Mark
Party: Pacific Legal Foundation
Certificate of Service-Electronically and Mailed 07/26/16
7/27/2016

Acknowledgment of Order Setting Oral Argument

Attorney: Rahman, Andrea
Attorney: Steiner, David
Party: Indiana Department Of Natural Resources
Certificate of Service- Electronically and Mailed Served 07/27/16
7/28/2016 Response

Objection to Motion for Additional Oral Argument Time

Attorney: Knight, Michael
Attorney: Phillips, Mark
Party: Gunderson, Bobbie
Party: Gunderson, Don
/Objection to Motion for Additional Oral Argument Time by Intervenor Alliance for the Great Lakes and Save the Dunes Certificate of Service-Mailed 07/28/16
7/28/2016 Motion for Leave

Motion for Leave

Attorney: Hyman, Jeffrey
Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
to Reply to Gunderson's Objection to Motion for Oral Argument Time Certificate of Service-Mailed 07/28/16
7/28/2016

Received Document

Receive Date: 08/01/16 Save our Shoreline's Acknowledgment. Acknowledgment has been tendered on paper. Document must be e-filed.
8/8/2016

Letter Issued

Party: Save Our Shoreline
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
8/8/2016

Document Transmitted

8/8/2016

Acknowledgment of Order Setting Oral Argument

Attorney: Powers, David
Attorney: Schofner, Keith
Party: Save Our Shoreline
Certificate of Service-Mailed 07/28/16
8/11/2016 Order Issued

order clarifying OA time

Judicial Officer: Vaidik, Nancy H.
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: 1. Don Gunderson and Bobbie Gunderson shall be allotted thirty (30) minutes at oral argument. 2. All non-Gunderson parties (the State of Indiana and the Indiana Department of Natural Resources, Alliance for the Great Lakes and Save the Dunes, and Long Beach Community Alliance, et al.) shall be allotted a TOTAL of thirty (30) minutes at oral argument. These parties shall decide how to divide the thirty (30) minutes allotted. 3. The Motion for Oral Argument Time is denied as moot. 4. The Motion for Leave to Reply to Gunderson's Objection to Motion for Oral Argument Time is denied as moot. Baker, May, Brown, JJ., concur.
8/11/2016

Document Transmitted

12/7/2016 Opinion Issued

Opinion

Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
OPINION Affirmed in part and reversed in part, May, J. Baker, J., and Brown, J., concur.
12/7/2016

Document Transmitted

12/15/2016 Petition for Rehearing

Petition for Rehearing - Appellant

Attorney: Knight, Michael
Attorney: Phillips, Mark
Party: Gunderson, Bobbie
Certificate of Service-Electronic 12/15/2016 to Hyman, Earnst, Rahman, Weeks, Harold, and Miller; mailed to Sharkey, Powers, Schofner
12/21/2016 Motion for Leave

Motion for Leave

Attorney: Knight, Michael
Attorney: Phillips, Mark
Party: Gunderson, Bobbie
Party: Gunderson, Don
to Amende Petition for Rehearing Certificate of Service-Mailed 12/21/16 to Sharkey, Powers and Schofner Certificate of Service-Electronic 12/21/16 to Hyman, Weeks, Earnst, Haold, Rahman and Miller
12/21/2016

Received Document

Receive Date: 12/21/16 Appellant's Amended Petition for Rehearing
12/22/2016 Petition for Rehearing

Petition for Rehearing (LBCA)

Attorney: Earnst, Kurt
Attorney: Sharkey, Patricia
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
(LBCA, et al.) Certificate of Service-Mailed 12/22/16 - Schofner and Phillips Certificate of Service-Electronic 12/22/16 to Hyman, Weeks, Powers, Knight, Harold, Rahman and Miller
12/22/2016

Addendum

Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
to the Petition for Rehearing Certificate of Service-Mailed 12/22/16 to Schofner and Phillips Certificate of Service- Electronically Served 12/22/16 to Hyman, Knight, Harold, Rahman, Miller,, Powers, Weeks
12/27/2016 Petition for Rehearing

PETITION FOR REHEARING- Appellee ALLIANCE-DUNES

Attorney: Hyman, Jeffrey
Attorney: Weeks, W.
Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
Certificate of Service-Electronic 12/27/16 to Atty's. Knight, Rahman and Earnst; Service by Mail on 12/27/16 to other listed attorneys.
12/27/2016 Brief - Response to Rehearing

Brief - Response to Rehearing - Appellee Alliance-Dunes

Attorney: Hyman, Jeffrey
Attorney: Weeks, W.
Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
Certificate of Service-Electronic 12/27/16 to Atty's. Knight, Rahman and Earnst; Service by Mail on 12/27/16 to other listed attorneys.
12/28/2016 Brief - Response to Rehearing

Brief - Response to Rehearing - Appellee Long Beach

Attorney: Earnst, Kurt
Attorney: Sharkey, Patricia
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
Certificate of Service-Mailed to Keith Schofner and Mark Phillips, all others by e-service on 12/28/16
12/28/2016

Addendum

Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
Certificate of Service-Mailed to Keith Schofner and Mark Phillips, all others by e-service on 12/28/16
12/30/2016 Brief - Response to Rehearing

Brief - Response to Rehearing - Appellee

Attorney: Rahman, Andrea
Attorney: Steiner, David
Party: Indiana Department Of Natural Resources
Party: State of Indiana
Certificate of Service-Mailed 12/30/16 to Atty. Sharkey and Atty. Schofner; Electronically 12/30/16 to all other listed.
12/30/2016 Order Issued

order denying motion to amend rehearing

Judicial Officer: Vaidik, Nancy H.
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: Appellants' Motion to Amend Petition for Rehearing is denied, but the Panel acknowledges the typo. All panel judges concur.
12/30/2016

Document Transmitted

1/1/2017

Note

Curtis Hill has replaced Gregory Zoeller as the Attorney General on this appeal, effective January 9, 2017.
1/5/2017 Brief - Response to Rehearing

Brief - Response to Rehearing - Appellants

Attorney: Knight, Michael
Attorney: Phillips, Mark
Party: Gunderson, Bobbie
Party: Gunderson, Don
filed by Appellants Response to LBCA et al Certificate of Service- Electronically Served 01/05/2017 to Hyman, Earnst, Rahman, Weeks, Harold, Miller; mailed to Sharkey, Powers, Schofner
1/6/2017 Petition for Rehearing

Petition for Rehearing - Appellee State-IDNR

Attorney: Rahman, Andrea
Party: Indiana Department Of Natural Resources
Party: State of Indiana
Certificate of Service-Electronic 01/06/17
1/10/2017

Renewal of Temporary Admission

Attorney: Sharkey, Patricia
1/18/2017 Brief - Response to Rehearing

Brief - Response to Rehearing - Appellant

Attorney: Knight, Michael
Attorney: Phillips, Mark
Party: Gunderson, Bobbie
Party: Gunderson, Don
Certificate of Service-Mailed to Patricia Sharkey, David Powers, and Keith Schofner, all others by e-service on 01/18/17
1/19/2017 Brief - Response to Rehearing

Brief - Response to Rehearing - Alliance

Attorney: Hyman, Jeffrey
Attorney: Weeks, W.
Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
Certificate of Service- Electronically Served 01/19/17
1/23/2017 Brief - Response to Rehearing

Brief - Response to Rehearing - Appellee

Attorney: Earnst, Kurt
Attorney: Sharkey, Patricia
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
Certificate of Service-Mailed to Keith Schofner, all others by e-service on 01/23/17
1/26/2017

Renewal of Temporary Admission

Attorney: Powers, David
3/9/2017 Order Issued

order denying rehearings

Judicial Officer: Vaidik, Nancy H.
Serve: Earnst, Kurt
Serve: Harold, Paul
Serve: Hill, Curtis
Serve: Hyman, Jeffrey
Serve: Knight, Michael
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: 1. Appellants' Petition for Rehearing is denied. 2. Appellees Long Beach Community Alliance, Patrick Cannon, John Wall, Doria Lemay, Michael Salmon, and Thomas King's Petition for Rehearing is denied. 3. Appellees Alliance for the Great Lakes and Save the Dunes' Petition for Rehearing is denied. 4. Appellees State of Indiana and Indiana Department of Natural Resources' Petition for Rehearing is denied. Baker, May, Brown, JJ., concur.
3/9/2017

Document Transmitted

3/28/2017 Document Filed

Appellants' Clarification

Attorney: Knight, Michael
Attorney: Phillips, Mark
Party: Gunderson, Bobbie
Party: Gunderson, Don
Appellant's Clarification Certificate of Service- Electronically Served 03/28/17
4/7/2017

Appearance

Attorney: Hyman, Jeffrey
Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
Certificate of Service- Electronically Served 04/07/2017 to Knight, Rahman, Earnst, Powers, Phillips, Miller, Harold, Puccio; all others mailed
4/7/2017 Petition to Transfer

Petition to Transfer - Appellee Alliance for Great Lakes and Save the Dunes

Attorney: Hyman, Jeffrey
Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
Certificate of Service- Electronically Served 04/07/2017 to Knight, Rahman, Earnst, Powers, Phillips, Miller, Harold, Puccio; all others mailed
4/10/2017

Note

Petition to Transfer filed by Alliance for the Great Lakes and Save the Dunes
4/10/2017 Petition to Transfer

Petition to Transfer - Appellant Gunderson

Attorney: Knight, Michael
Attorney: Phillips, Mark
Party: Gunderson, Bobbie
Party: Gunderson, Don
filed by Gundersons Certificate of Service- Electronically Served 04/10/2017 to Hyman, Earnst, Rahman, Weeks, Harold, Miller, Powers; all others by mail.
4/10/2017

Appearance

Attorney: Judge, Stephen
Party: Cahnman, Ray
Party: Pacific Legal Foundation
of Stephen Judge for Amici Curiae Cahman and Pacific Legal Foundation Certificate of Service- Electronically Served 04/10/2017 to Knight, Rahman, Earnst, Powers, Phillips, Miller, Hyman, Puccio, Weeks; mailed to Schofner, Sharkey
4/10/2017 Petition to Transfer

Petition to Transfer - Appellee Long Beach Community Alliance, Cannon, Wall, Lemay, Salmon and King

Attorney: Earnst, Kurt
Attorney: Sharkey, Patricia
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
filed by Long Beach Community Alliance, Cannon, Wall, Lemay, Salmon, and King. Certificate of Service-Mailed 04/10/2017 to Schofner; all others served electronically.
4/10/2017

Writ in Aid of Appellate Jurisdiction

Party: Indiana Department Of Natural Resources
Party: State of Indiana
filed by State Certificate of Service-Mailed 04/10/2017 to Sharkey, Schofner; all others electronically served.
4/10/2017

Appearance by Deputy AG

DAG: Fisher, Thomas
Party: Indiana Department Of Natural Resources
Party: State of Indiana
filed by Fisher, Bradford Certificate of Service-Mailed 04/10/2017 to Sharkey, Schofner; all others electronically served
4/10/2017 Petition to Transfer

Petition to Transfer - Appellee State of Indiana

Attorney: Fisher, Thomas
Attorney: Rahman, Andrea
Party: Indiana Department Of Natural Resources
Party: State of Indiana
filed by State of Indiana, Indiana Department of Natural Resources Certificate of Service-Mailed 04/10/2017 to Sharkey, Schofner; all others served electronically
4/10/2017 Brief of Amicus Curiae

Brief - Amicus Cahnman and Pacific Legal in Support of Petition to Transfer

Attorney: Harold, Paul
Attorney: Judge, Stephen
Attorney: Miller, Mark
Party: Cahnman, Ray
Party: Pacific Legal Foundation
Ray Cahman and Pacific Legal Foundation in Support of Petition to Transfer Certificate of Service-Mailed 04/10/2017 to Schofner, Sharkey; all others electronically served
4/11/2017

Notice

Attorney: Fisher, Thomas
Attorney: Rahman, Andrea
Party: Indiana Department Of Natural Resources
Party: State of Indiana
of Amended Certificate of Service for Petition to Transfer Certificate of Service-Mailed 04/11/2017 to Sharkey, Schofner; all others electronically served
4/25/2017

Appearance

Attorney: Maley, John
Party: Gunderson, Bobbie
Party: Gunderson, Don
Certificate of Service- Mailed and Electronically Served 04/25/17
4/25/2017

Appearance

Attorney: Seigel, Leah
Party: Gunderson, Bobbie
Party: Gunderson, Don
Certificate of Service- Mailed and Electronically Served 04/25/17
4/25/2017 Response

Response to Petition for Writ
Response - Materials in Support
Response - Materials in Support

Attorney: Knight, Michael
Attorney: Maley, John
Attorney: Phillips, Mark
Attorney: Seigel, Leah
Party: Gunderson, Bobbie
Party: Gunderson, Don
Appellant's Response To Petition For Writ In Aid Of Appellate Jurisdiction and Materials In Support of Response to Petition for Writ In Aid Of Appellate Jurisdiction (titled: Appellant's Supplemental Appendix In Support Of Response To Petition For Writ In Aid Of Appellate Jurisdiction Volumes I and II) Certificate of Service-Mailed 04/25/17
4/27/2017 Brief - Response to Transfer

Brief - Response to Transfer - Apellee

Attorney: Fisher, Thomas
Attorney: Rahman, Andrea
Party: Indiana Department Of Natural Resources
Party: State of Indiana
Certificate of Service-Mailed to Patricia Sharkey and Keith Schofner, all others by e-service on 04/27/17
4/27/2017 Brief - Response to Transfer

Brief - Response to Transfer - Appellant Gundersons

Attorney: Knight, Michael
Attorney: Maley, John
Attorney: Phillips, Mark
Attorney: Seigel, Leah
Party: Gunderson, Bobbie
Party: Gunderson, Don
filed by Appellants. Combined Response to Intervenors' Petition to Transfer Certificate of Service- Electronically Served 04/27/2017
5/1/2017 Brief - Response to Transfer

Brief - Response to Transfer - Appellee Cross Appellnt Alliance and Save Dunes Response to State

Attorney: Hyman, Jeffrey
Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
filed by Alliance for Great Lakes and Save the Dunes Response to State of Indiana Certificate of Service- Electronically Served 05/01/2017 to Knight, Rahman, Earnst, Powers, Phillips, Miller, Harold, Puccio; all others by mail
5/1/2017 Brief - Response to Transfer

Brief - Response to Transfer - Appellee Cross Appellnt Alliance and Save Dun Resp to Gund Amicus PLF

Attorney: Hyman, Jeffrey
Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
filed by Alliance for Great Lakes and Save the Dunes Response to Gunderson Petition to Transfer and PLF Amicus Certificate of Service- Electronically Served 05/01/2017 to Knight, Rahman, Earnst, Powers, Phillips, Miller, Harold, Puccio; all others mailed
5/1/2017 Brief - Response to Transfer

Brief - Response to Transfer - Appellee Cross Appellant LBCA et al Response to State and IDNR

Attorney: Earnst, Kurt
Attorney: Sharkey, Patricia
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
filed by Appellees/Cross-Appellants, Long Beach Community Alliance, Patrick Cannon, John Wall, Doria Lemay, Michael Salmon and Thomas King. Response to State of Indiana and IDNR Petition to Transfer Certificate of Service- Electronically Served 05/01/2017
5/1/2017 Brief - Response to Transfer

Brief - Response to Transfer - Appellee Cross Appellant LBCA et al Resp to Transfer of Appellants

Attorney: Earnst, Kurt
Attorney: Sharkey, Patricia
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
filed by Appellees/Cross-Appellants, Long Beach Community Alliance, Patrick Cannon, John Wall, Doria LeMay, Michael Salmon. Response to Appellants' Petition to Transfer Certificate of Service- Electronically Served 05/01/2017
5/1/2017 Brief - Response to Transfer

Brief - Response to Transfer - Appellants Cross Appellees Gundersons Response to State

Attorney: Knight, Michael
Attorney: Maley, John
Attorney: Phillips, Mark
Attorney: Seigel, Leah
Party: Gunderson, Bobbie
Party: Gunderson, Don
filed by Appellants/Cross-Appellees Gundersons. Response to State Certificate of Service- Electronically Served 05/01/2017 to Hyman, Earnst, Rahman, Weeks, Harold, Miller, Powers, Judge, Schofner, Sharkey; all others mailed.
5/1/2017 Brief - Response to Transfer

Brief - Response to Transfer - Appellee State Response to Apellants Gundersons

Attorney: Fisher, Thomas
Attorney: Hill, Curtis
Attorney: Rahman, Andrea
Party: Indiana Department Of Natural Resources
Party: State of Indiana
filed by State Response to Appellant Gundersons Certificate of Service- Electronically Served 05/01/2017
5/8/2017 Brief - Reply in Support of Transfer

Brief - Reply in Support of Transfer - Appellees

Attorney: Hyman, Jeffrey
Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
Certificate of Service-Mailed to Keith Schofner and Patricia Sharkey, all others by e-service on 05/08/17
5/8/2017 Motion for Oral Argument

Motion for Oral Argument - Alliance for Great Lakes Save the Dunes

Attorney: Hyman, Jeffrey
Party: Alliance for the Great Lakes, Inc.
Party: Save the Dunes, Inc.
Certificate of Service-Mailed to Keith Schofner and Patricia Sharkey, all others by e-service on 05/08/17
5/8/2017 Brief - Reply in Support of Transfer

Brief - Reply in Support of Transfer - Appellee LBCA Reply to Appellants Combined Response

Attorney: Earnst, Kurt
Attorney: Sharkey, Patricia
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
Certificate of Service- Electronically Served 05/08/17
5/11/2017 Brief - Reply in Support of Transfer

Brief - Reply in Support of Transfer - Appellant Cross Appellee Reply to States Response

Attorney: Knight, Michael
Attorney: Maley, John
Attorney: Phillips, Mark
Attorney: Seigel, Leah
Party: Gunderson, Bobbie
Party: Gunderson, Don
filed by Appellants/Cross Appellees. Reply to State's Response. Certificate of Service- Electronically Served 05/11/2017 to Hyman, Earnst, Rahman, Weeks, Harold, Miller, Powers, Judge; all others mailed
5/11/2017 Brief - Reply in Support of Transfer

Brief - Reply in Support of Transfer - Appellee State Reply to Intervenors Alliance Response

Attorney: Fisher, Thomas
Attorney: Rahman, Andrea
Party: Indiana Department Of Natural Resources
Party: State of Indiana
filed by State. Combined Reply to Intervenors' Response. Certificate of Service- Electronically Served 05/11/2017
5/11/2017 Brief - Reply in Support of Transfer

Brief - Reply in Support of Transfer - Appellee State Reply to Gunderson Response

Attorney: Fisher, Thomas
Attorney: Rahman, Andrea
Party: Indiana Department Of Natural Resources
Party: State of Indiana
filed by State. Reply to Appellant Gunderson's Response Certificate of Service- Electronically Served 05/11/2017
5/16/2017

Note

Motion for Oral Argument tendered by Appellee/Cross Appellants Long Beach Community Alliance et al rejected by system for incorrect filing code.
5/16/2017

Received Document

Receive Date: 05/16/2017 Motion for Oral Argument tendered by Long Beach Community Alliance - Appears to be untimely
5/16/2017 Motion for Leave

Motion for Leave to Allow Motion for Oral Argument to be Deemed Timely Filed
Motion for Leave to Allow Motion for Oral Argument to be Deemed Timely - Exhibit A
Motion for Leave to Allow Motion for Oral Argument to be Deemed Timely - Exhibit B
Motion for Leave to Allow Motion for Oral Argument to be Deemed Timely - Exhibit C
Motion for Leave to Allow Motion for Oral Argument to be Deemed Timely - Exhibit D
Motion for Leave to Allow Motion for Oral Argument to be Deemed Timely - Exhibit E

Attorney: Earnst, Kurt
Attorney: Sharkey, Patricia
Party: Cannon, Patrick
Party: King, Thomas
Party: Lemay, Doria
Party: Long Beach Community Alliance
Party: Salmon, Michael
Party: Wall, John
to Allow Motion for Oral Argument to be Deemed Timely Filed Certificate of Service- Electronically Served 05/16/2017
5/17/2017

Transmitted on Transfer (Supreme Court)

5/24/2017 Motion to Withdraw Appearance

Motion to Withdraw Appearance

Party: Indiana Department Of Natural Resources
Certificate of Service- Electronically Served 05/24/2017
5/26/2017 Order Issued

order denying petition for writ in aid of appellate jurisdiction

Judicial Officer: Vaidik, Nancy H.
Serve: Earnst, Kurt
Serve: Fisher, Thomas
Serve: Harold, Paul
Serve: Hill, Curtis
Serve: Hyman, Jeffrey
Serve: Judge, Stephen
Serve: Knight, Michael
Serve: Maley, John
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Seigel, Leah
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Having reviewed the matter, the Court finds and orders as follows: The Verified Petition for Writ in Aid of Appellate Jurisdiction is denied. Baker, May, Brown, JJ., concur.
5/26/2017

Document Transmitted

5/30/2017 Order Granting Motion to Withdraw Appearance

Order - Withdraw

Judicial Officer: Rush, Loretta H.
Attorney: Hill, Curtis
Serve: Earnst, Kurt
Serve: Fisher, Thomas
Serve: Harold, Paul
Serve: Hill, Curtis
Serve: Hyman, Jeffrey
Serve: Judge, Stephen
Serve: Knight, Michael
Serve: Maley, John
Serve: Miller, Mark
Serve: Phillips, Mark
Serve: Powers, David
Serve: Rahman, Andrea
Serve: Schofner, Keith
Serve: Seigel, Leah
Serve: Sharkey, Patricia
Serve: Steiner, David
Serve: Weeks, W.
Being duly advised, the Court GRANTS the Motion for Leave to Withdraw Appearance. The Clerk is directed to show the appearance of Attorney Cale Addison Bradford as WITHDRAWN.
5/31/2017

Document Transmitted

6/22/2017

Case Transferred From Court of Appeals to Supreme Court

46S03-1706-PL-423
9/8/2017

Received Document

Receive Date: 09/08/17 Appellants' Response to Motion for Additional Oral Argument Time - document tendered under incorrect cause number envelope in OFS - must be tendered under 46S03-1706-PL-423
9/11/2017

E-Filing Error Notice Issued

Party: Gunderson, Bobbie
Party: Gunderson, Don
Response to Motion for Additional Oral Argument Time

For more information about any appellate case, contact the Clerk's Office at (317) 232-1930

1.4.7