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	<title>Comments on: Certified Question About Texas Open Beaches Act [Update]</title>
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	<link>http://www.scotxblog.com/case-notes/certified-question-about-texas-open-beaches-act/</link>
	<description>Legal Issues Before the Texas Supreme Court</description>
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		<title>By: SCOTX asks the Fifth Circuit to move first in resolving the mootness of the Texas open-beaches case [Jul. 29, 2011]</title>
		<link>http://www.scotxblog.com/case-notes/certified-question-about-texas-open-beaches-act/comment-page-1/#comment-5907</link>
		<dc:creator>SCOTX asks the Fifth Circuit to move first in resolving the mootness of the Texas open-beaches case [Jul. 29, 2011]</dc:creator>
		<pubDate>Fri, 29 Jul 2011 15:20:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotxblog.com/?p=873#comment-5907</guid>
		<description>&lt;p&gt;[...] open beaches by the moving shoreline. The lawsuit was brought in federal court. The Fifth Circuit certified a question about Texas law to the Texas Supreme Court. Last November, the Texas Supreme Court announced a complex decision [...]&lt;/p&gt;
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		<content:encoded><![CDATA[<p>[...] open beaches by the moving shoreline. The lawsuit was brought in federal court. The Fifth Circuit certified a question about Texas law to the Texas Supreme Court. Last November, the Texas Supreme Court announced a complex decision [...]</p>]]></content:encoded>
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		<title>By: On the docket: Texas Open Beaches Act; mold coverage; pleading a taking</title>
		<link>http://www.scotxblog.com/case-notes/certified-question-about-texas-open-beaches-act/comment-page-1/#comment-2261</link>
		<dc:creator>On the docket: Texas Open Beaches Act; mold coverage; pleading a taking</dc:creator>
		<pubDate>Thu, 19 Nov 2009 12:31:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotxblog.com/?p=873#comment-2261</guid>
		<description>&lt;p&gt;[...] One of the cases is Severance v. Patterson, a certified question from a Fifth Circuit case attacking the constitutionality of the Texas Open Beaches Act. I blogged about the Fifth Circuit&#8217;s action (including its unusually scalding dissent from a certified question) here. [...]&lt;/p&gt;
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		<content:encoded><![CDATA[<p>[...] One of the cases is Severance v. Patterson, a certified question from a Fifth Circuit case attacking the constitutionality of the Texas Open Beaches Act. I blogged about the Fifth Circuit&#8217;s action (including its unusually scalding dissent from a certified question) here. [...]</p>]]></content:encoded>
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		<title>By: Carol Severance</title>
		<link>http://www.scotxblog.com/case-notes/certified-question-about-texas-open-beaches-act/comment-page-1/#comment-1224</link>
		<dc:creator>Carol Severance</dc:creator>
		<pubDate>Fri, 24 Apr 2009 21:24:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotxblog.com/?p=873#comment-1224</guid>
		<description>&lt;p&gt;I am the plaintiff in Severance v. Patterson. Neither PLF or me are &quot;Californians&#039; Cervantian tilting at Texas Open Beaches Act (&quot;OBA&quot;)&quot; as Judge Wiener has chosen so eloquently to describe our efforts.&lt;/p&gt;

&lt;p&gt;The reference to some imaginary enemy that we are fighting couldn&#039;t be further from the truth.&lt;/p&gt;

&lt;p&gt;Imagine purchasing beachfront property in fee simple as a hard-earned investment, only to receive letters from some &quot;imaginary&quot; official that they are now on the public beach simply because a storm made the plants grow on the landward side of your homes. The letters say state officials may remove your home at any time. And the officials read state law to say, that because the vegetation moved, you have no right to exclude trespassers from your doorstep and no right to build or repair because a public easement supposedly now controls the land. There is no compensation or even a mechanism to seek it.   &lt;/p&gt;

&lt;p&gt;There is nothing imaginary about this scenario -- it was all very real to me  -- because that&#039;s what happened.&lt;/p&gt;

&lt;p&gt;Before receiving those letters from officials at the Texas General Land Office, I had never heard of PLF.  I knew I had to do something to protect my property rights.  After researching other cases in Galveston, I contacted PLF.  They did not contact me.   I am grateful that they exist and agreed to help as litigating this type of case against the government&#039;s tax payer funded attorneys for years is far too expensive for any one person.&lt;/p&gt;
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		<content:encoded><![CDATA[<p>I am the plaintiff in Severance v. Patterson. Neither PLF or me are &#8220;Californians&#8217; Cervantian tilting at Texas Open Beaches Act (&#8220;OBA&#8221;)&#8221; as Judge Wiener has chosen so eloquently to describe our efforts.</p>

<p>The reference to some imaginary enemy that we are fighting couldn&#8217;t be further from the truth.</p>

<p>Imagine purchasing beachfront property in fee simple as a hard-earned investment, only to receive letters from some &#8220;imaginary&#8221; official that they are now on the public beach simply because a storm made the plants grow on the landward side of your homes. The letters say state officials may remove your home at any time. And the officials read state law to say, that because the vegetation moved, you have no right to exclude trespassers from your doorstep and no right to build or repair because a public easement supposedly now controls the land. There is no compensation or even a mechanism to seek it.   </p>

<p>There is nothing imaginary about this scenario &#8212; it was all very real to me  &#8212; because that&#8217;s what happened.</p>

<p>Before receiving those letters from officials at the Texas General Land Office, I had never heard of PLF.  I knew I had to do something to protect my property rights.  After researching other cases in Galveston, I contacted PLF.  They did not contact me.   I am grateful that they exist and agreed to help as litigating this type of case against the government&#8217;s tax payer funded attorneys for years is far too expensive for any one person.</p>]]></content:encoded>
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		<title>By: Don Cruse</title>
		<link>http://www.scotxblog.com/case-notes/certified-question-about-texas-open-beaches-act/comment-page-1/#comment-1222</link>
		<dc:creator>Don Cruse</dc:creator>
		<pubDate>Fri, 24 Apr 2009 18:34:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotxblog.com/?p=873#comment-1222</guid>
		<description>&lt;p&gt;Alanis Morrissette would call that irony.&lt;/p&gt;

&lt;p&gt;For a very technical procedural issue, standing seems to inspire remarkably strong feelings.  It&#039;s a perfect storm &#8212; a deep and fundamental question about the role of courts, judges, and citizens in our democracy that is answered with a fuzzy doctrinal analysis that leaves lots of room for disagreement.&lt;/p&gt;
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		<content:encoded><![CDATA[<p>Alanis Morrissette would call that irony.</p>

<p>For a very technical procedural issue, standing seems to inspire remarkably strong feelings.  It&#8217;s a perfect storm &mdash; a deep and fundamental question about the role of courts, judges, and citizens in our democracy that is answered with a fuzzy doctrinal analysis that leaves lots of room for disagreement.</p>]]></content:encoded>
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		<title>By: LawClerk1</title>
		<link>http://www.scotxblog.com/case-notes/certified-question-about-texas-open-beaches-act/comment-page-1/#comment-1221</link>
		<dc:creator>LawClerk1</dc:creator>
		<pubDate>Fri, 24 Apr 2009 18:12:24 +0000</pubDate>
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		<description>&lt;p&gt;Seems to me that Judge Weiner just doesn&#039;t like the law firm.  But what that has to do with the case is beyond me.  The way I understand the facts from the majority, this lady had a house that fronted the beach.  Then a Hurricane came along and extended the beach so that her house was on it!  And Texas came along and told her to tear it down.   I don&#039;t know what that is, but lack of standing isn&#039;t it.&lt;/p&gt;
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		<content:encoded><![CDATA[<p>Seems to me that Judge Weiner just doesn&#8217;t like the law firm.  But what that has to do with the case is beyond me.  The way I understand the facts from the majority, this lady had a house that fronted the beach.  Then a Hurricane came along and extended the beach so that her house was on it!  And Texas came along and told her to tear it down.   I don&#8217;t know what that is, but lack of standing isn&#8217;t it.</p>]]></content:encoded>
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