Supreme Court of Texas Blog

No. 09-0387
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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 44 articles about this case.

September 28, 2014

Debating What's More Sacred: Private Land or Public Beaches

from Texas Tribune

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  
    2014-05-21 Case Stored - stored case location updated  
    2012-05-25 Case Stored  
    2012-04-12 Amicus Curiae Letter Received  
    2012-03-30 Dissenting opinion issued. Issued
    2012-03-30 Previous opinion withdrawn  
    2012-03-30 Previous opinion withdrawn  
    2012-03-30 Opinion issued Certified question answered by the Court
    2012-03-30 Concurring Opinion issued. Issued
    2012-03-30 Dissenting opinion issued. Issued
    2012-03-30 Dissenting opinion issued. Issued
      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  
    2011-12-19 Phone call from Clerk's Office  
    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 Amicus Curiae Letter Received  
    2011-11-04 Letter Filed  
    2011-10-31 Amicus Curiae Brief received  
    2011-10-31 Amicus Curiae Letter 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  
    2011-10-07 cause reinstated to active docket
    2011-10-07 Abatement Order Lifted
    2011-10-04 Letter Filed  
    2011-09-12 Address Change  
    2011-08-01 Document filed (see remarks)  
    2011-07-29 Opinion issued Matter in Supreme Court of Texas Abated
    2011-07-29 Notice from attorney regarding vacation dates  
    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  
    2011-06-27 Letter Filed  
    2011-06-24 Supreme Court of Texas Requested Response  
    2011-06-24 Letter Filed  
    2011-06-24 Designation of Lead Counsel  
    2011-05-23 Amicus Curiae Brief received  
    2011-05-10 Amicus Curiae Letter Received  
    2011-05-09 Address Change  
    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  
    2011-04-06 Amicus Curiae Brief received  
    2011-04-06 Phone call from Clerk's Office  
    2011-03-25 Oral Argument Submission Form from Attorney received  
    2011-03-21 Oral Argument Submission Form from Attorney received  
    2011-03-15 Amicus Curiae Letter Received  
    2011-03-11 Case set for oral argument   Case set for oral argument
    2011-03-11 cause reinstated to active docket
    2011-03-11 Motion for Rehearing - Disposed Filing granted
    2011-03-03 Letter Filed  
    2011-02-18 Amicus Curiae Letter Received  
    2011-02-16 Amicus Curiae Letter Received  
    2011-02-15 Letter Filed  
    2011-02-11 Amicus Curiae Brief received  
    2011-02-10 Amicus Curiae Letter Received  
    2011-02-10 Letter Filed  
    2011-02-07 Letter Filed  
    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  
    2011-01-12 Phone call from Clerk's Office  
    2011-01-11 Phone call from Clerk's Office  
    2011-01-11 Call received  
    2011-01-10 Phone call from Clerk's Office  
    2011-01-05 Reply to Response 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  
    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  
    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 Amicus Curiae Letter Received  
    2010-12-23 Letter Filed  
    2010-12-23 Letter Filed  
    2010-12-22 Letter Filed  
    2010-12-22 Amicus Curiae Letter Received  
    2010-12-20 Phone call from Clerk's Office  
    2010-12-20 Amicus Curiae Letter Received  
    2010-12-20 Phone call from Clerk's Office  
    2010-12-20 Response to Motion for Rehearing (Appellant in case)  
    2010-12-13 Supreme Court of Texas Requested Response  
    2010-12-10 Case forwarded to Court
    2010-12-10 Motion for Rehearing  
    2010-12-08 Phone call from Clerk's Office  
    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  
    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  
    2010-11-05 Opinion issued Certified question answered by the Court
    2010-11-05 Dissenting opinion issued. Issued
      This case was awaiting the Court's decision after oral argument between April 6, 2010 and November 5, 2010.  
    2010-04-06 Letter Filed  
    2010-03-04 Case Record Filed  
    2010-03-03 Letter Filed  
    2010-03-02 Record Requested in Petition for Review  
    2010-01-26 Amicus Curiae Letter Received  
    2010-01-19 Letter Filed  
    2010-01-14 Letter Filed  
    2009-12-07 Amicus Curiae Brief received  
    2009-12-04 Additional citations received. (Appellant in case)  
    2009-11-19 Amicus Curiae Brief received  
    2009-11-19 Electronic copies of brief posted to website  
    2009-11-19 Oral argument  
    2009-11-18 Letter Filed  
    2009-11-17 Letter Filed  
    2009-11-12 Amicus Curiae Brief received  
    2009-11-10 Call received  
    2009-11-09 Letter Filed  
    2009-11-06 Letter Filed  
    2009-11-06 Phone call from Clerk's Office  
    2009-11-05 Letter Filed  
    2009-10-30 Amicus Curiae Brief received  
    2009-10-30 Amicus Curiae Brief received  
    2009-10-23 Amicus Curiae Brief received  
    2009-10-23 Appendix to Brief Received  
    2009-10-14 Amicus Curiae Brief received  
    2009-09-25 Oral Argument Submission Form from Attorney received  
    2009-09-24 Motion for leave to file brief disposed   Filing granted
    2009-09-23 Reply Brief (Appellant in case)  
    2009-09-23 Motion for leave to file brief  
    2009-09-22 Oral Argument Submission Form from Attorney received  
    2009-09-04 Brief on the Merits (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 filed  
    2009-08-04 Motion for Extension of Time disposed.   Filing granted
    2009-08-04 Phone call from Clerk's Office  
    2009-07-29 Motion for Extension of Time to File Brief filed  
    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 filed  
    2009-06-26 Pro hac vice motion disposed   Filing granted
    2009-06-26 Pro hac vice motion disposed   Filing granted
    2009-06-26 Call received  
    2009-06-26 Phone call from Clerk's Office  
    2009-06-25 Pro hac vice motion filed  
    2009-06-25 Pro hac vice motion filed  
    2009-06-18 Call received  
    2009-06-17 Electronic copies of brief posted to website  
    2009-06-16 Phone call from Clerk's Office  
    2009-06-15 Appendix Filed (Appellant in case)  
    2009-06-15 Brief on the Merits (Appellant in case)  
    2009-05-15 Certified Question disposed Certified Question accepted
    2009-05-15 Certified Question accepted
    2009-05-15 Brief on the Merits Requested  
    2009-05-11 Case Record Filed  
    2009-05-11 Notice of Appeal filed (Appellant in case)  
    2009-05-11 Notice requesting filing fee  
    2009-05-11 Letter Filed  
    2009-05-11 Certified Question filed  
    2009-05-11 Docketing statement filed  

    Parties

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

    Amici Curiae

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