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SEVERANCE v. PATTERSON

No. 07-20409.

682 F.3d 360 (2012)

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.

May 21, 2012.

Attorney(s) appearing for the Case

J. David Breemer (argued), Pac. Legal Found., Sacramento, CA, for Plaintiff-Appellant.

Arthur Cleveland D'Andrea , Office of the Atty. Gen., Office of the Sol. Gen., Austin, TX, Daniel Luke Geyser (argued), Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, Barry C. Willey , Galveston County Legal Dept., Galveston, TX, for Defendants-Appellees.

Prior reports: Tex., ___ S.W.3d ___, 2012 WL 1059341; S.D.Tex., .

PER CURIAM:

The Texas Supreme Court answered our certified questions in this case, see Severance v. Patterson, 566 F.3d 490, 503-04 (5th Cir.2009), by declaring that Texas law does not recognize a "rolling easement" created by avulsive events affecting the dry beach of Galveston's West Beach. Severance v. Patterson, No. 09-0387, Tex. S.Ct. April 19, 2012, op. on reh. For the panel majority, this answer reifies the claim...

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