Mikeska v. City of Galveston

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

KENT, District Judge.

This lawsuit arises out of the alleged unlawful taking by the City of Galveston, Texas (“the City”), of property owned by Plaintiffs Wayne and Janice Mikeska (“the Mikeskas”) and Mose and Carol Smith (“the Smiths”) (collectively “Plaintiffs”). Now before the Court comes the City’s Motion for Summary Judgment. For the reasons stated below, the Motion is hereby GRANTED.

I. Background and Facts

Texas divides the land along the Texas Gulf Coast into three zones: submerged land, “wet beach,” and “dry beach.” The submerged…