BRAINARD v. STATE

No. 98-0578.

12 S.W.3d 6 (1999)

E.H. BRAINARD, II, Carolyn Rogers, Nancy Briscoe, Boone Pickens, Bea Pickens, Morrison Cattle Company, J.A. Whittenburg, III, Frances W. Klein, Jack F. Turner, Diane E. Bowes, and J.A. Whittenburg, IV, et al., Petitioners, v. The STATE of Texas and the General Land Office of the State of Texas, Respondents.

Supreme Court of Texas.

Decided October 7, 1999.

Rehearing Overruled January 6, 2000.


Attorney(s) appearing for the Case

Michael V. Powell, Morris Harrell, Dallas, E. Lee Parsley, Austin, Jody G. Sheets, D. Clay Holcomb, Amarillo, for Petitioners.

Mary A. Keeney, David A. Talbot, Jr., Jorge Vega, John Cornyn, Karen Watson Kornell, James W. Johnston, Rande K. Herrell, Andy Taylor, Austin, for Respondents.


Justice HANKINSON delivered the opinion of the Court.

Today we resolve a boundary dispute between the State of Texas and thirty owners of lands bounded by the Canadian River as it flows through Roberts and Hutchinson Counties in the Panhandle. The parties disagree about whether conditions on the Canadian River that were brought about or influenced by the closing of the Sanford Dam in 1965 should be considered by surveyors in marking the present-day gradient boundary...

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