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SEVERANCE v. PATTERSON

No. 07-20409.

566 F.3d 490 (2009)

Carol SEVERANCE, Plaintiff-Appellant, v. Jerry PATTERSON, Commissioner of the Texas General Land Office; Greg Abbott, Attorney General for the State of Texas; Kurt Sistrunk, District Attorney for the County of Galveston, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 23, 2009.

Attorney(s) appearing for the Case

J. David Breemer (argued), Pacific Legal Foundation, Sacramento, CA, for Severance.

Daniel Luke Geyser (argued), Austin, TX, for Patterson and Abbott.

Kenneth Charles Cross, Asst. Atty. Gen., Office of Atty. Gen, Nat. Resources Div., Austin, TX, for Abbott and Sistrunk.

Barry C. Willey, Galveston, TX, for Sistrunk.

Before JONES, Chief Judge, and WIENER and CLEMENT, Circuit Judges.

EDITH H. JONES, Chief Judge:

Carol Severance filed suit against Texas Attorney General Greg Abbott, Commissioner of the Texas General Land Office Jerry Patterson, and Galveston County District Attorney Kurt Sistrunk (the "Officials"), seeking declaratory and injunctive relief to prevent them from enforcing a public easement under the Texas Open Beaches Act, TEX. NAT. RES.CODE ANN. § 61.011(a) et seq. Severance contends that because the beach boundary of...

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