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BRANNAN v. STATE

No. 10-0142.

390 S.W.3d 301 (2013)

Angela Mae BRANNAN, Individually and as Independent Executrix of the Estate of Bob Albert Brannan, Deceased, et al., Petitioner, v. STATE of Texas, et al., Respondents.

Supreme Court of Texas.

January 25, 2013.

Attorney(s) appearing for the Case

J. David Breemer , Ted Hirtz, for Petitioner Angela Mae Brennan.

Barbara Bryant Deane , Assistant Attorney General, Daniel T. Hodge , First Asst. Attorney General, Greg W. Abbott , Attorney General of Texas, Brian E. Berwick , Cynthia Woelk, Elizabeth R.B. Sterling , Office of the Attorney General of Texas Envtl. Protection & Admin. Law Div., Kenneth Cross , William J. "Bill" Cobb III , David Preister , Office of the Attorney General, Austin, Liz Bills, for Respondent State of Texas.

Adrienne B. Kvello , George W. Vie III , Mills Shirley L.L.P., Houston, for Respondent Village of Surfside Beach, Texas.

Chief Justice JEFFERSON, Justice LEHRMANN, and Justice BOYD did not participate in the decision.

PER CURIAM.

Storms on Surfside Beach on the Gulf of Mexico have moved the vegetation line landward of petitioners' houses.1 When the Village of Surfside Beach refused to allow the houses to be repaired or to have access to utilities, and the State asserted that the houses encroach on a public access easement and must be removed, petitioners sued, contending among other things that the State's assertion amounts to a constitutionally compensable...

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