Legal Opinion

Hirtz v. State of Tex.

District Court, S.D. Texas

Decided September 17, 1991No. Civ. A. H-88-2359PublishedCited by 4 opinions

1Opinion of the Court

AMENDED OPINION ON SUMMARY JUDGMENT

HUGHES, District Judge.

1. Introduction.

Ted Hirtz, Paul Force, Dallas Pittman, and Chapoton/Ramsey Ltd. Partners own property on Galveston Island and on the Bolivar Peninsula. Their properties are adjacent to the beach of the Gulf of Mexico. As their property has been diminished by erosion, the public’s access along the new boundaries of the beach encroached.

The owners contend that the imposition of a public easement by the state of Texas over their property is a taking by the public and that they must be compensated under the United States Constitution.…

2Cases cited9 opinions

  1. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  2. Lorino v. Crawford Packing Co.Texas Supreme Court · 1943
  3. Seaway Co. v. Attorney General of the StateCourt of Appeals of Texas · 1964
  4. San Jacinto Sand Co. v. Southwestern Bell Telephone Co.Court of Appeals of Texas · 1968
  5. City of Port Isabel v. Missouri Pacific Railroad, Texas Court of Appeals, 13th District1987

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Ted Hirtz, John M. Arrington, Catherine Cash, John Posey, and Edward Holland v. The State of Texas, Defendant-Appellee-AppellantCourt of Appeals for the Fifth Circuit · 1992
  2. Severance v. PattersonDistrict Court, S.D. Texas · 2007
  3. Utah Stream v. VR AcquisitionsUtah Supreme Court · 2023
  4. Hirtz v. State of Tex.Court of Appeals for the Fifth Circuit · 1992

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