Justices Critique 'Absurd' Precedent That Changed Texas Beach Access
Severance v. Patterson, a controversial case that pitted private property rights over Texans' love of public beaches, changed 150 years of precedent in favor of the landowner over the beachgoer. These two Houston justices had words—like "absurd"—about the 2012 ruling's effect in a current appeal. First Court of Appeals Justice Gordon Goodman wrote that the case "exemplifies the folly of holding the state responsible for pinning down an easement allowing public access to Texas beaches."
November 21, 2019 at 06:41 PM
3 minute read
A Texas Supreme Court ruling that changed Texans' beach access rights elicited critical words—like "folly" and "absurd"—from two Houston appellate justices in a ruling Thursday.
Acknowledging that the 2012 precedent forced their hand in the decision, the justices begrudgingly affirmed the dismissal of a large group of Surfside Beach homeowners' claims spanning from a 1998 hurricane that eroded the coastline so much that their properties became the public beach.
While affirming, First Court of Appeals Justices Evelyn Keyes and Gordon Goodman made sure to add their views.
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