Supreme Court of Texas Blog: Legal Issues Before the Texas Supreme Court

No. 09-0387
TAMES

CAROL SEVERANCE v. JERRY PATTERSON, COMMISSIONER OF THE TEXAS GENERAL LAND OFFICE; GREG ABBOTT, ATTORNEY GENERAL FOR THE STATE OF TEXAS; AND KURT SISTRUNK, DISTRICT ATTORNEY FOR THE COUNTY OF GALVESTON, TEXAS

Oral argument was held on April 19, 2011. The Court issued an opinion resolving the case on March 30, 2012. It then denied rehearing on March 11, 2011 File Closed

In the news...

Tracking 43 articles about this case.

June 7, 2013

Three opinions, two grants [Jun. 7, 2013]

from SCOTXblog

This article also mentions 8 other cases.

May 21, 2012

Guest Column: Beach Ruling Protects Property Rights

from Texas Tribune

May 21, 2012

Guest Column: Texas Beaches Are for the Public

from Texas Tribune

April 6, 2012

A Hectic Week on the Takings Front

from Environmental Law Prof Blog

April 3, 2012

Beach ruling is not in public interest

from Austin American-Statesman

April 2, 2012

Ruling favors landowners over Texas Open Beaches Act

from Brownsville Herald

March 30, 2012

High court upholds private property over public beach access

from Austin American-Statesman

October 7, 2011

Beachfront takings is back on the docket; the laser hair removal case is gone [Oct. 7, 2011]

from SCOTXblog

The article also mentions:
  • BASITH GHAZALI, M.D. v. PATRICIA BROWN
  • September 29, 2011

    The Severance open-beaches case is coming back to Texas

    from SCOTXblog

    September 28, 2011

    Appeals court upholds beach act challenge

    from Houston Chronicle

    August 4, 2011

    Texas Supreme Court abates Severance v. Patterson

    from Land Use Prof Blog

    July 29, 2011

    SCOTX asks the Fifth Circuit to move first in resolving the mootness of the Texas open-beaches case [Jul. 29, 2011]

    from SCOTXblog

    July 29, 2011

    Texas Supreme Court abates its consideration of Severance v. Patterson pending 5th Circuit determination on mootness

    from Texas Lawyer

    July 6, 2011

    Mulvaney guest-blog on Severance's latest development: Mootness?

    from Land Use Prof Blog

    June 27, 2011

    Open beaches case may be moot

    from Burka Blog

    April 21, 2011

    Open beaches debate back at TX Supreme Court

    from KXAN

    April 13, 2011

    Falkenberg: Another reason to celebrate?

    from Houston Chronicle

    March 11, 2011

    Supreme Court to rehear open beaches case

    from Austin American-Statesman

    March 11, 2011

    Rehearing granted in the Open Beaches Act case; five other decisions and one new grant [Mar. 11, 2011]

    from SCOTXblog

    This article also mentions 4 other cases.

    March 11, 2011

    Supreme Court of Texas grants rehearing to reconsider whether state officials can seize private property that suddenly moves onto public beaches because of erosion from hurricanes or storms

    from How Appealing

    March 11, 2011

    Private Beaches, "Rolling" Easements - Texas Supreme Court To Rehear Severance

    from InverseCondemnation.com

    February 13, 2011

    What Babe said about Texas Open Beaches Act

    from Galveston County Daily News

    December 15, 2010

    Blais: Legal tide shifts against Texans

    from Austin American-Statesman

    November 16, 2010

    State calls off big Galveston beach project

    from Houston Chronicle

    November 13, 2010

    High court beach opinion is flawed

    from San Antonio Express-News

    November 11, 2010

    Texas SC: Storms may change public beach lines, but easement must be proven

    from Southeast Texas Record

    The article also mentions:
  • O. LEE TAWES, III v. DORIS BARNES, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF LEON MCNAIR BARNES, DECEASED
  • November 8, 2010

    A House On The Beach, Literally

    from Property Insurance Coverage Law Blog

    November 7, 2010

    Important Texas Supreme Court Opinion Protecting Beachfront Property Rights

    from Volokh Conspiracy

    November 5, 2010

    Public easements do not always “roll” with the beachfront; grandparent visitation order overturned [Nov. 5, 2010]

    from SCOTXblog

    The article also mentions:
  • IN RE RICHARD SCHELLER
  • IN RE RICKY DERZAPF
  • November 5, 2010

    TX Supreme Court Decides Open Beaches Act Case

    from Texas Tribune

    November 5, 2010

    Decision on Open Beaches Act / Rolling Easement case (Severance v. Patterson)

    from Land Use Prof Blog

    November 19, 2009

    State high court weighing beach easement law

    from Houston Chronicle

    November 19, 2009

    Battle for the Beach: Property Rights and the Open Beaches Act

    from Land Use Prof Blog

    November 19, 2009

    On the docket: Texas Open Beaches Act; mold coverage; pleading a taking

    from SCOTXblog

    The article also mentions:
  • STATE FARM LLOYDS AND ERIN STRACHAN v. WANDA M. PAGE
  • TEXAS PARKS AND WILDLIFE DEPARTMENT v. THE SAWYER TRUST
  • November 15, 2009

    Beaches case heads to state high court

    from Galveston County Daily News

    October 17, 2009

    Proposition 9: Groups want open beaches act not set in sand but in the constitution

    from Corpus Christi Caller Times

    October 1, 2009

    Private interests hungry to seize Texas public beaches

    from Fort Worth Star-Telegram

    August 8, 2009

    Texas Supreme Court will hear oral arguments on Open Beaches Act in November

    from Examiner.com

    June 8, 2009

    Some Cursive Language About a Texas Beach Statute

    from SCOTXblog

    May 15, 2009

    Order List for May 15, 2009

    from SCOTXblog

    This article also mentions 4 other cases.

    May 15, 2009

    The battle for the beach rolls onto the beach at the Texas Supreme Court

    from Tex Parte

    April 24, 2009

    An Odd Sort of Ad Hominem Criticism in an Appellate Dissent

    from Volokh Conspiracy

    April 24, 2009

    Dissenting Fifth Circuit judge accuses Pacific Legal Foundation of tilting at windmills

    from How Appealing

    Opinions

    March 30, 2012

    Wainwright
    Hecht
    Green
    Johnson
    Willett

    Justice Wainwright delivered the opinion of the Court, in which Justice Hecht, Justice Green, Justice Johnson and Justice Willett joined. PDF

    Medina
    Guzman
    Lehrmann

    Justice Medina delivered a dissenting opinion, in which Justice Lehrmann joined and Justice Guzman joined in part. PDF

    Guzman

    Justice Guzman delivered a dissenting opinion. PDF

    Lehrmann
    Medina

    Justice Lehrmann delivered a dissenting opinion, in which Justice Medina joined. PDF

    Willett

    Justice Willett delivered a concurring opinion. PDF

    July 29, 2011

    Percuriam.17387

    Per Curiam Opinion PDF

    Withdrawn Opinions

    The opinions below have been withdrawn by order of the Court.

    November 5, 2010

    Wainwright
    Hecht
    Green
    Johnson
    Willett
    Guzman

    Justice Wainwright delivered the opinion of the Court, in which Justice Hecht, Justice Green, Justice Johnson, Justice Willett, and Justice Guzman joined. PDF

    Medina
    Lehrmann

    Justice Medina delivered a dissenting opinion, in which Justice Lehrmann joined. PDF

    Court of Appeals

    None

    Trial Court

    None

    Docket Entries

    Date Event Outcome  
    2012-05-25 Case Stored  
    2012-04-12 Amicus Curiae Letter Received  
    2012-03-30 Previous opinion withdrawn  
    2012-03-30 Dissenting opinion issued.
    2012-03-30 Dissenting opinion issued.
    2012-03-30 Concurring Opinion issued. Issued
    2012-03-30 Previous opinion withdrawn
    2012-03-30 Dissenting opinion issued. Issued
    2012-03-30 Opinion issued Certified question answered by the Court
      This case was waiting for a possible rehearing motion between January 3, 2012 and March 30, 2012.  
    2012-01-03 Phone call from Clerk's Office (Amicus Curiae)  
    2011-12-19 Phone call from Clerk's Office (Amicus Curiae)  
    2011-12-15 Amicus Curiae Letter Received  
    2011-11-09 Amicus Curiae Letter Received  
    2011-11-07 Amicus Curiae Letter Received  
    2011-11-07 Amicus Curiae Letter Received  
    2011-11-04 Letter Filed (Appellant in case)  
    2011-11-04 Amicus Curiae Letter Received  
    2011-10-31 Amicus Curiae Letter Received  
    2011-10-31 Amicus Curiae Brief received  
    2011-10-27 Amicus Curiae Letter Received  
    2011-10-27 Amicus Curiae Letter Received  
    2011-10-24 Amicus Curiae Letter Received  
    2011-10-24 Amicus Curiae Letter Received  
    2011-10-17 Amicus Curiae Letter Received  
    2011-10-10 Letter Filed (Appellee in case)  
    2011-10-07 cause reinstated to active docket
    2011-10-07 Abatement Order Lifted
    2011-10-04 Letter Filed (Appellant in case)  
    2011-09-12 Address Change (Appellant in case)  
    2011-08-01 Document filed (see remarks)  
    2011-07-29 Notice of vacation dates. (Appellant in case)  
    2011-07-29 Opinion issued Matter in Supreme Court of Texas Abated
    2011-07-11 Supplemental Brief filed (Appellant in case)  
    2011-07-05 Supplemental Brief filed (Appellee in case)  
    2011-06-28 Brief on the Merits Requested  
    2011-06-28 Letter Filed (Appellant in case)  
    2011-06-27 Letter Filed (Appellant in case)  
    2011-06-24 Supreme Court of Texas Requested Response  
    2011-06-24 Letter Filed (Appellee in case)  
    2011-06-24 Designation of Lead Counsel (Appellee in case)  
    2011-05-23 Amicus Curiae Brief received  
    2011-05-10 Amicus Curiae Letter Received  
    2011-05-09 Address Change (Appellee in case)  
    2011-04-19 Oral argument  
    2011-04-19 Amicus Curiae Brief received  
    2011-04-18 Amicus Curiae Brief received  
    2011-04-15 Amicus Curiae Brief received  
    2011-04-15 Phone call from Clerk's Office (Amicus Curiae)  
    2011-04-06 Amicus Curiae Brief received  
    2011-04-06 Phone call from Clerk's Office (Amicus Curiae)  
    2011-03-25 Oral Argument Submission Form from Attorney received (Appellant in case)  
    2011-03-21 Oral Argument Submission Form from Attorney received (Appellee in case)  
    2011-03-15 Amicus Curiae Letter Received  
    2011-03-11 Motion for Rehearing - Disposed Filing granted
    2011-03-11 Case set for oral argument   Case set for oral argument
    2011-03-11 cause reinstated to active docket
    2011-03-03 Letter Filed (Appellee in case)  
    2011-02-18 Amicus Curiae Letter Received  
    2011-02-16 Amicus Curiae Letter Received  
    2011-02-15 Letter Filed (Appellant in case)  
    2011-02-11 Amicus Curiae Brief received  
    2011-02-10 Amicus Curiae Letter Received  
    2011-02-10 Letter Filed (Appellee in case)  
    2011-02-07 Letter Filed (Appellant in case)  
    2011-02-07 Amicus Curiae Letter Received  
    2011-01-19 Amicus Curiae Letter Received  
    2011-01-14 Amicus Curiae Letter Received  
    2011-01-13 Surreply Filed (Appellant in case)  
    2011-01-13 Phone call from Clerk's Office (Appellant in case)  
    2011-01-12 Phone call from Clerk's Office  
    2011-01-11 Call received  
    2011-01-11 Phone call from Clerk's Office  
    2011-01-10 Phone call from Clerk's Office  
    2011-01-05 Reply to Motion for Rehearing filed (Appellee in case)  
    2011-01-04 Response to Amicus Curiae Brief filed (Appellant in case)  
    2011-01-03 Additional Copies received (Amicus Curiae)  
    2010-12-31 Amicus Curiae Letter Received
    2010-12-31 Amicus Curiae Letter Received  
    2010-12-31 Amicus Curiae Letter Received  
    2010-12-31 Amicus Curiae Letter Received  
    2010-12-31 Phone call from Clerk's Office (Amicus Curiae)  
    2010-12-31 Amicus Curiae Brief received  
    2010-12-30 Amicus Curiae Letter Received  
    2010-12-30 Amicus Curiae Letter Received  
    2010-12-28 Amicus Curiae Brief received  
    2010-12-27 Amicus Curiae Letter Received  
    2010-12-23 Letter Filed (Amicus Curiae)  
    2010-12-23 Letter Filed (Amicus Curiae)  
    2010-12-23 Amicus Curiae Letter Received  
    2010-12-22 Amicus Curiae Letter Received  
    2010-12-22 Letter Filed (Amicus Curiae)  
    2010-12-20 Response to Motion for Rehearing (Appellant in case)  
    2010-12-20 Amicus Curiae Letter Received  
    2010-12-20 Phone call from Clerk's Office (Amicus Curiae)  
    2010-12-20 Phone call from Clerk's Office (Appellant in case)  
    2010-12-13 Supreme Court of Texas Requested Response  
    2010-12-10 Motion for Rehearing - Filed  
    2010-12-10 Case forwarded to Court
    2010-12-08 Phone call from Clerk's Office (Appellee in case)  
    2010-12-08 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2010-12-03 Motion for Extension of Time to File Motion for Rehearing (Appellee in case)  
    2010-11-29 Amicus Curiae Letter Received  
    2010-11-17 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2010-11-17 Motion for Extension of Time to File Motion for Rehearing (Appellee in case)  
    2010-11-05 Dissenting opinion issued. Issued
    2010-11-05 Opinion issued Certified question answered by the Court
      This case was awaiting the Court's decision after oral argument between April 6, 2010 and November 5, 2010.  
    2010-04-06 Letter Filed (Appellant in case)  
    2010-03-04 Case Record Filed  
    2010-03-03 Letter Filed (Appellee in case)  
    2010-03-02 Record Requested in Petition for Review  
    2010-01-26 Amicus Curiae Letter Received  
    2010-01-19 Letter Filed (Appellant in case)  
    2010-01-14 Letter Filed (Appellee in case)  
    2009-12-07 Amicus Curiae Brief received  
    2009-12-04 Additional citations received. (Appellant in case)  
    2009-11-19 Electronic copies of brief posted to website (Amicus Curiae)  
    2009-11-19 Amicus Curiae Brief received  
    2009-11-19 Oral argument  
    2009-11-18 Letter Filed (Appellant in case)  
    2009-11-17 Letter Filed (Appellee in case)  
    2009-11-12 Amicus Curiae Brief received  
    2009-11-10 Call received (Appellant in case)  
    2009-11-09 Letter Filed (Appellant in case)  
    2009-11-06 Letter Filed (Appellee in case)  
    2009-11-06 Phone call from Clerk's Office (Appellee in case)  
    2009-11-05 Letter Filed (Appellee in case)  
    2009-10-30 Amicus Curiae Brief received  
    2009-10-30 Amicus Curiae Brief received  
    2009-10-23 Appendix to Brief Received  
    2009-10-23 Amicus Curiae Brief received  
    2009-10-14 Amicus Curiae Brief received  
    2009-09-25 Oral Argument Submission Form from Attorney received (Appellant in case)  
    2009-09-24 Motion for leave to file brief disposed   Filing granted
    2009-09-23 Reply brief filed (Appellant in case)  
    2009-09-23 Motion for leave to file brief (Appellant in case)  
    2009-09-22 Oral Argument Submission Form from Attorney received (Appellee in case)  
    2009-09-04 Brief filed (Appellee in case)  
    2009-08-28 Motion for Extension of Time disposed.   Filing granted
    2009-08-27 Motion for extension of time to file brief. (Appellee in case)  
    2009-08-04 Motion for Extension of Time disposed.   Filing granted
    2009-08-04 Phone call from Clerk's Office (Appellee in case)  
    2009-07-29 Motion for extension of time to file brief. (Appellee in case)  
    2009-07-10 Case set for oral argument   Case set for oral argument
    2009-07-01 Motion for Extension of Time disposed.   Filing granted
    2009-06-30 Motion for extension of time to file brief. (Appellee in case)  
    2009-06-26 Phone call from Clerk's Office (Appellee in case)  
    2009-06-26 Call received (Appellee in case)  
    2009-06-26 Pro hac vice motion disposed (Appellant in case)   Filing granted
    2009-06-26 Pro hac vice motion disposed (Appellant in case)   Filing granted
    2009-06-25 Pro hac vice motion filed (Appellant in case)  
    2009-06-25 Pro hac vice motion filed (Appellant in case)  
    2009-06-18 Call received (Appellant in case)  
    2009-06-17 Electronic copies of brief posted to website (Appellant in case)  
    2009-06-16 Phone call from Clerk's Office (Appellant in case)  
    2009-06-15 Brief filed (Appellant in case)  
    2009-06-15 Appendix Filed (Appellant in case)  
    2009-05-15 Certified Question accepted
    2009-05-15 Certified Question disposed Certified Question accepted
    2009-05-15 Brief on the Merits Requested  
    2009-05-11 Notice requesting filing fee (Joint motion filed)  
    2009-05-11 Case Record Filed (Appellant in case)  
    2009-05-11 Notice of Appeal filed (Appellant in case)  
    2009-05-11 Letter Filed (Appellant in case)  
    2009-05-11 Docketing statement filed (Appellant in case)  
    2009-05-11 Motion to Certify Question filed  

    Parties

    Party Counsel Role
    Patterson, Jerry
    Mr. David C. Mattax
    Mr. Arthur Cleveland D'Andrea
    Mr. Jonathan F. Mitchell
    Mr. Daniel L. Geyser
    Mr. Daniel T. Hodge
    Mr. James C. Ho
    Mr. Ken Cross
    Mr. Jeffrey L. Rose
    Mr. David S. Morales
    Mr. Clarence Andrew Weber
    Honorable Kent C. Sullivan
    Mr. Rafael Edward Cruz
    Mr. Brian E. Berwick
    Mr. William J. "Bill" Cobb III
    Attorney General Greg W. Abbott
    Ms. Karen Watson Kornell
    Appellee
    Sistrunk, Kurt
    Mr. Barry C. Willey
    Appellee
    Severance, Carol
    Mr. J. David Breemer
    Ms. Martha Hardwick Hofmeister
    Appellant

    Amici Curiae

    Amicus Curiae Counsel
    Janki, M.D., Patricia H.
    Ms. Patricia H. Janki M.D.
    Bowman, Joyce
    Ms. Joyce Bowman
    Porretto, Sonya
    Mr. Andrew J. Mytelka
    McDonald, Marie B.
    Ms. Marie B. McDonald
    Decker, Luis
    Mr. Luis Decker
    McLaughlin, J.S.D., LL.M., J.D. Richard
    Mr. J.S.D., LL.M., J.D. Richard McLaughlin
    Patterson, Jerry
    Mr. Jerry Patterson
    Clark, Evelyn
    Mrs. Evelyn Clark
    Raymond, Richard Pena
    Mr. Richard Pena Raymond
    Todd, David
    Mr. David Todd
    Clark, Barbara A.
    Ms. Barbara A. Clark
    Stirling, Charlotte
    Ms. Charlotte Stirling
    Barnett, Cathy
    Ms. Cathy Barnett
    Doga, Jr., Dewey A.
    Mr. Dewey A. Doga Jr.
    Gregory, J. D.
    Mr. J. D. Gregory
    Riley, Michael R.
    Mr. Michael R. Riley
    Festa, Matthew J.
    Mr. Matthew Joseph Festa
    Rutledge, Travis W.
    Mr. Travis W. Rutledge
    Texas Chapter of the American Shore & Beach Preservation Assoc.
    Mr. Richard W. Lowerre
    Mr. Sidney S. McClendon III
    Rumsey, D. Ruth
    D. Ruth Rumsey
    Harris County, Texas
    Mr. Rock W.A. Owens
    Texas Public Policy Foundation
    Mr. Vikrant P. Reddy
    We Texans
    Ms. Kathleen Cassidy Goodman
    Porter, Brooks
    Mr. Ted Hirtz
    Economic Development Alliance for Brazoria County
    Mr. Troy Allen Williams
    The Village of Surfside Beach, Texas
    Ms. Adrienne B. Kvello
    Travis County, Texas
    Mr. Tom Nuckols
    Port of Houston Authority
    Mr. Erik Alexander Eriksson Jr.
    Houston Air Alliance
    Ms. Cynthia Brooks Owens
    City of Houston
    Ms. Lynette Fons
    Harris County Attorney Office
    Mr. Vincent Reed Ryan Jr.
    Brazoria County
    Ms. Jerilynn Yenne
    Park Board of Trustees of the City of Galveston, Texas
    Mr. George W. Vie III
    Galveston Chamber of Commerce
    Ms. Lynn E. Blais
    Save our Beach Association, Inc.
    Mr. L. Marc Grosz III
    The City of Galveston, Texas
    Mr. Barry Abrams
    McCutchon, Frederick J.
    Mr. Frederick J. McCutchon
    Surfrider Foundation
    Blackburn Carter PC
    Mr. James B. Blackburn Jr.
    Kendall County, Texas
    Mr. Donald W. Allee
    Schwartz, A.R.
    Mr. A. R. Schwartz
    Texas Conference of Urban Counties
    Mr. J. Gregory Hudson
    University of Texas School of Law
    Ms. Lynn E. Blais
    Texas Landowners Council
    Mr. Michael V. Powell
    Texas Wildlife Association
    Mr. James H. Barrow
    Surfside Property Owners
    Mr. Ted Hirtz
    Surfrider Foundation
    Ms. Christiana Dijkman
    Mr. Charles Rice Young
    ...
    ...