Wednesday, March 16, 2011
Late last week, the Texas Supreme Court granted a rehearing in Severance v. Patterson, the case decided last November holding that the Texas Open Beaches Act does not establish a public easement for dry-sand beach access without proof of dedication, prescription, or custom, and that public access easements do not "roll" inward with the vegetation line after major avulsive events such as hurricanes. Hard to say what this portends, but it can't be good news for the plaintiff-appellant. After the decision, lots of amicus briefs, particularly from local governments, started pouring on the motion for rehearing. Here's a link from the Supreme Court of Texas Blog.
I blogged about the decision in a post which includes a multitude of links to the opinions; to the Texas Supreme Court's webpage for the case (great for finding the amici on the motion for rehearing); to the statute and constitutional amendment; and to various briefs including (full disclosure) my amicus and that of Surfrider Foundation. Oral arugment on the rehearing (not very often granted, as I understand it) is set for April 19.
In the meantime, let's do what we lawyers do best, and talk about it! The Texas Wesleyan School of Law in Fort Worth is hosting a Severance v. Patterson Panel Discussion next Friday, March 25, at 11:30. It will be co-sponsored by the student chapters of the Federalist Society and the Environmental Law Society, and will feature Pacific Legal Foundation attorney David Breemer, lead counsel for the plaintiff; Ellis Pickett, Chairman of the Upper Texas Chapter of the Surfrider Foundation and amicus curiae for defendants; and yours truly. The event will be moderated by Texas Wesleyan land use scholar Prof. Timothy Mulvaney. If you can be in DFW next week to join us, please do!