Galveston: Open Beaches Act litigation to continue

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by Michael A. Smith / The Daily News

khou.com

Posted on October 1, 2011 at 2:43 PM

GALVESTON — In a short order issued Wednesday, the U.S. Fifth Circuit Court of Appeals denied a motion by the state’s attorney general to end part of some long-running litigation over enforcement of the Texas Open Beaches Act.

Attorney General Greg Abbott’s office had in July asked the court to rule against California resident Carol Severance, whose lawsuit against the Texas General Land Office has churned through state and federal courts since 2006.

Attorneys in Abbott’s office argued the case should be ruled moot because Severance had sold the last of two West End houses that ended up on the public beach because of erosion.

Severance had sued to prevent the land office from enforcing a rolling public easement along the beach.

In late June, Severance sold a house at 22716 Kennedy Drive through the Federal Emergency Management Agency’s Hazard Mitigation Grant program, which is meant to remove buildings from flood-prone areas. She already had sold the other house through the same program.

Click here to read the rest of the story from the Galveston County Daily News.

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