HIRTZ v. STATE OF TEX.

No. 91-6145.

974 F.2d 663 (1992)

Ted HIRTZ, et al., Plaintiffs-Appellees, John M. Arrington, Catherine Cash, John Posey, and Edward Holland, Plaintiffs-Appellants, v. The STATE OF TEXAS, Defendant-Appellee-Appellant.

United States Court of Appeals, Fifth Circuit.

October 14, 1992.


Attorney(s) appearing for the Case

Michael B. Charlton, Karen A. Lerner, Felton & Lerner, Houston, Tex., for appellants and Ted Hirtz, et al. — appellees.

Brian J. Zwit, Ken Cross, Asst. Attys. Gen., Dan Morales, Atty. Gen., Austin, Tex., for appellee.

Before KING, WILLIAMS, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

I.

The plaintiffs own beachfront property on the Texas Gulf coast. Along that shoreline, the state owns the land between the line of mean low tide and the line of mean high tide. The public has an easement between the line of mean high tide and the line of vegetation, acquired under common law principles of dedication, prescription, and/or custom. Because of the peculiar definition...

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