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PORRETTO v. PATTERSON

No. 01-05-00942-CV.

251 S.W.3d 701 (2007)

Henry P. PORRETTO, Jr. and Rosemarie Porretto, Appellants, v. Jerry PATTERSON, Commissioner of the Texas General Land Office, Texas General Land Office, Lou Muller, Executive Director of the Park Board of Trustees of the City of Galveston, Texas, and the Park Board of Trustees of the City of Galveston, Texas, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled February 19, 2008.

Attorney(s) appearing for the Case

J. Brett Busby, Mayer, Brown, Rowe, & Maw, LLP, Houston, TX, for Appellants.

Charles Paul Dunkel Jr., Mills Shirley, Molly Baer Holub, Carla Cotropia, Mills Shirley, LLP, Houston, George W. Vie III, Mills Shirley, LLP, Galveston, Greg Abbott, Office of the Attorney General, Gen. Litigation Div., Liz Bills, Natural Resources Division, Austin, for Appellees.

Panel consists of Chief Justice RADACK and Justices JENNINGS and BLAND.

OPINION

JANE BLAND, Justice.

About twenty-seven acres of waterfront property, gulfward of the seawall on Galveston Island, present the basis for this dispute. Henry and Rosemarie Porretto sued the Texas General Land Office (the GLO), and its commissioner, Jerry Patterson, together with the Galveston Park Board, and its executive director, Lou Miller, alleging that the defendants have interfered with their fee simple ownership of the property and taken it...

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