Texas Coastal Law Recent History

In the Courtroom:
Severance v. Patterson
485 F.Supp.2d 793
S.D.Tex.,2007.
May 02, 2007
Holdings: The District Court, Hoyt, J., held that:

(1) under the doctrine of Ex parte Young, sovereign immunity under the Eleventh Amendment did not bar landowner's action;
(2) landowner's claims founded on possibility that one or more of her houses might be removed in an OBA enforcement action were not ripe for review;
(3) landowner's claims founded on alleged continuing physical invasion resulting from imposition of beach easement were not ripe for review; and
(4) Texas's recognition of public beach easement that expanded and contracted with natural boundaries of the beach did not violate landowner's rights to due process or just compensation.

Defendants' motion to dismiss granted, with memorium opinion.