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: How Appealing

Supreme Court of Texas grants rehearing to reconsider whether state officials can seize private property that suddenly moves onto public beaches because of erosion from hurricanes or storms

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Supreme Court of Texas grants rehearing to reconsider whether state officials can seize private property that suddenly moves onto public beaches because of erosion from hurricanes or storms: Today's order granting rehearing in the case can be accessed here (scroll down).

The Supreme Court of Texas issued its original ruling in the case, consisting of a majority opinion and a dissenting opinion, on November 5, 2010. This blog's earlier coverage of that ruling can be accessed here.

It is worth noting that the case arrived at the Supreme Court of Texas on certified questions from the U.S. Court of Appeals for the Fifth Circuit.

Suffice it to say that it's not every day that a federal appellate court certifies questions to the highest court of a State, the state court proceeds to answer the questions, and then some four months later the state high court grants rehearing to reconsider the answers that it previously provided.

Full post as published by How Appealing on March 11, 2011 (boomark / email).

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