RIEMER v. STATE

No. 11-0548.

392 S.W.3d 635 (2013)

Jimmy Glen RIEMER, et al., Petitioners, v. The STATE of Texas and Jerry Patterson, as Commissioner of The General Land Office of The State of Texas, Respondents.

Supreme Court of Texas.

Decided February 22, 2013.


Attorney(s) appearing for the Case

David E. Keltner , Marshall M. Searcy Jr. , Matthew David Stayton , William N. Warren , Kelly Hart & Hallman, LLP, Fort Worth, TX, Jody G. Sheets , Law Office of Jody Sheets, Dallas, TX, for Petitioners Jimmy Glen Riemer.

Daniel Omar Ramon , Mary A. Keeney , Graves, Dougherty, Hearon & Moody, P.C., Austin, TX, for Respondents The State of Texas.


Justice GREEN delivered the opinion of the Court.

Prior to proceeding as a class action, Rule 42 of the Texas Rules of Civil Procedure requires certain prerequisites to be met. In this case, a small group of landowners sought to certify a class composed of all owners of any real property interests in a twelve-mile stretch of land located adjacent to the Canadian River in the Panhandle to litigate alleged takings claims against the State of Texas. The trial court denied...

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