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LBLHA, LLC v. TOWN OF LONG BEACH

No. 46A05-1404-PL-146.

28 N.E.3d 1077 (2015)

LBLHA, LLC, Margaret L. West, and Don H. Gunderson, Appellants-Plaintiffs, v. TOWN OF LONG BEACH, Indiana, Alliance for the Great Lakes and Save the Dunes, Long Beach Community Alliance, Patrick Cannon, Roger Gansauer, David Oei, Bernard Rabinowitz, and Joan Smith, Appellees-Defendant and Intervenor Defendants.

Court of Appeals of Indiana.

March 26, 2015.

Attorney(s) appearing for the Case

Michael V. Knight , Barnes & Thornburg LLP, South Bend, IN, Attorney for Appellants.

Keith A. Schofner , Lambert Leser, Bay City, MI, Attorney for Amicus Curiae: Save Our Shoreline.

Paul Edgar Harold , LaDue Curran & Kuehn LLC, South Bend, IN, Mark Miller , Pacific Legal Foundation, Palm Beach Gardens, FL, Attorneys for Amicus Curiae: Pacific Legal Foundation.

L. Charles Lukmann, III , Charles F.G. Parkinson , Harris Welsh & Lukmann, Chesterton, IN, Attorneys for Appellee: Town of Long Beach.

Jeffrey B. Hyman , Conservation Law Center, Bloomington, IN, Attorney for Appellees: Alliance for the Great Lakes and Save the Dunes.

Kurt R. Earnst , Braje, Nelson & Janes, LLP, Michigan City, IN, Attorney for Appellee: Long Beach Community Alliance.

LBLHA, LLC, Margaret L. West, and Don H. Gunderson (collectively, the "Lakefront Owners") appeal orders of the trial court dismissing all counts of their complaint against the Town of Long Beach, Indiana (the "Town") and other intervenor defendants, raising several issues. We find dispositive at this stage in the proceedings whether...

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