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TEXAS GENERAL LAND OFFICE v. PORRETTO

No. 01-09-00520-CV.

369 S.W.3d 276 (2011)

TEXAS GENERAL LAND OFFICE and Jerry Patterson, in his official capacity as Texas Land Commissioner, Appellants, v. Sonya PORRETTO and Rosemarie Porretto, Appellees.

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

December 15, 2011.

Attorney(s) appearing for the Case

Levon G. Hovnatanian , Bruce E. Ramage , Martin, Disiere, Jefferson & Wisdom, L.L.P., Houston, TX, for Appellants.

Andrew Mytelka , Stephen G. Schulz , Greer, Herz & Adams LLP, Kelly Ann Fayette Clarke , Galveston, TX, Jeffrey Wells Oppel , Oppel, Goldberg & Williams, P.L.L.C., Houston, TX, for Appellees.

Panel consists of Justices KEYES, HIGLEY, and BLAND.

OPINION ON REHEARING

JANE BLAND, Justice.

A little more than fifty years ago, the Porretto family began acquiring tracts of beachfront property on Galveston Island, gulfward of the seawall. The family eventually came to own property along the shoreline between 6th and 27th Streets. They turned the property between 6th and 10th Streets into Porretto Beach and provided paid parking and concessions for beachgoers. They did not develop the tracts between 10th...

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