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VILLA NOVA RESORT, INC. v. STATE

No. 13-85-445-CV.

711 S.W.2d 120 (1986)

VILLA NOVA RESORT, INC., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

May 22, 1986.

Attorney(s) appearing for the Case

Robert Whittington, Brownsville, for appellant.

Jim Mattox, Ginny Agnew, Atty. Gen's Office, Austin, for appellee.

Before UTTER, BENAVIDES and DORSEY, JJ.

OPINION

UTTER, Justice.

This is an appeal from a declaratory judgment action tried before the court. Villa Nova Resort, Inc., sought a declaration of its rights under the Texas Open Beaches Act (the Act)1 in a certain portion of land extending approximately sixty-five feet seaward of its existing seawall. The trial court found that the public has acquired a right of access to, and use of, as well as an easement over, the area...

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