Pavlock v. Holcomb

Dist. Ct. did not err in dismissing plaintiffs' complaint, alleging that Indiana Supreme Court decision in Gunderson v. State of Indiana, which held that State of Indiana had exclusive title to Lake Michigan and its shores up to high-water mark, constituted improper judicial taking of their property without compensation, where plaintiffs asserted that property-line should have been set at ordinary low-water mark. Plaintiffs lacked Article III standing to pursue instant claim, where, although plaintiff had established personal injury in fact, they failed to show that defendants-state officials either caused their injuries or had ability to redress them, where establishment of relevant property-line arose out of judicial opinion. Ct. further observed that even if plaintiffs had established standing, instant complaint could have been dismissed for failure to state viable judicial taking claim, where plaintiffs failed to allege that low-water mark had been established as relevant property-line prior to Gunderson decision.