Legal Opinion
Bush v. Lone Oak Club, LLC
Court of Appeals of Texas
Decided February 22, 2018No. 01-17-00140-CVPublishedCited by 4 opinions
1Opinion of the CourtSherry Radack, Chief Justice
In this appeal, we consider whether (1) a landowner can maintain a trespass-to-try-title ultra vires action against the Texas Land Commissioner, in light of the Texas Supreme Court's opinion in Hall v. McRaven , 508 S.W.3d 232 (Tex. 2017) ; (2) the bed of a bayou that is "tidally influenced" belongs to the State or was conveyed to the landowner via "the Small Bill"1 ; and (3) a finding that the landowner owns fee simple title to the disputed property is a proper remedy in a trespass-to-try-title ultra vires action.
BACKGROUND
The Patent
In 1872, the State of Texas granted a patent to Sophronia…
2Cases cited28 opinions
- City of Keller v. WilsonTexas Supreme Court · 2005
- Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
- Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
- Valence Operating Co. v. DorsettTexas Supreme Court · 2005
- Bland Independent School District v. BlueTexas Supreme Court · 2000
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3Cited by4 opinions
- State v. Jimmy Glen Riemer, Richard Coon, Jr., June Meetze Coon Trust, Hap Johnson Realty Co., LLC, and W.R. Edwards, Jr. D/B/A W.R. Edwards, Jr. Oil and Gas, Texas Court of Appeals, 7th District (Amarillo)2019
- the University of Texas MD Anderson Cancer Center v. Roger Contreras, Texas Court of Appeals, 1st District (Houston)2019
- George P. Bush, as the Land Commissioner of the Texas General Land Office v. Lone Oak Club, LlcTexas Supreme Court · 2020
- John Paul Chevriere v. Rose Marie Lorraine Chevriere Mitchell A/K/A Rose Marie Mitchell, Texas Court of Appeals, 1st District (Houston)2019