BRANNAN v. STATE

No. 01-08-00179-CV.

365 S.W.3d 1 (2010)

Angela Mae BRANNAN, Individually and as Independent Executrix of the Estate of Bob Albert Brannan, Deceased, Brooks and Mary Porter, Russell and Judy Clinton, Russell Clinton as Independent Executor of the Estate of Elizabeth Clinton, Deceased, Reg and Beaver Aplin, Partners d/b/a Benchmark Developing, Louise Bullard, Diane Loggins Clark, Joseph Cornell Dewitt, Lisa Marie Dewitt Fuka, Macario Ramirez, Chrissie Dickerson, Jeffrey Dyment, The Marvin Jacobson Family Holding Company, Charles T., Cathy, James, and Patricia Meek, Mark Palmer, James C. and Patricia Pursley, Kenneth C. and Andrea Reutzel, S & S Holdings, LLC, and Rogers Thompson, Executor of the Estate of P.E. Kintz, Deceased, Appellants, v. STATE of Texas, Texas General Land Office, Texas Land Commissioner Jerry Patterson, in his Official Capacity, Texas Attorney General Greg Abbott, in his Official Capacity, The Village of Surfside Beach, Texas, Mayor James Bedward, Surfside Beach, Texas, in his Official Capacity, Environmental Defense, Surfrider Foundation, and Criminal District Attorney Jeri Yenne, in her Official Capacity, Appellees.

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

February 4, 2010.


Attorney(s) appearing for the Case

Ted Hirtz , Houston, TX, for Appellant.

George W. Vie III , Mills Shirley L.L.P., Galveston, TX, Ken Cross , Asst. Attorney General, Laura Ruth Jacks , Austin, TX, Trey D. Picard , Assistant District Attorney, Angelton, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and HANKS.


OPINION ON REHEARING

ELSA ALCALA, Justice.

This appeal concerns the application of the Open Beaches Act at Pedestrian Beach in the Village of Surfside Beach on the Gulf Coast of Texas.1 Appellants, Angela Mae Brannan, Individually and as Independent Executrix of the Estate of Bob Albert Brannan, deceased, Brooks and Mary Porter, Russell and Judy Clinton, Russell Clinton as Independent...

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