ELR Citation: ELR 20768
No(s). 728 (Tex. Civ. App. Jul 11, 1973)

The Texas "Open Beach Act" mandates the removal of a barrier obstructing public access to a beach on San Luis Pass, the mouth of a tidal bay near Galveston, since the beach is part of the shore of the Gulf of Mexico and as such is protected for public use. The Act provides for a mandatory injunction to remove such barriers and thus equitable considerations such as irreparable harm do not apply. The court affirms a temporary injunction, and notes that it is continued without prejudice to any theories of law that the parties might urge at trial on the merits.

Counsel for Plaintiffs
Ogden Bass District Attorney
Brazoria County Courthouse
Angleton, TX 77515

John L. Hill Attorney General
Houghton Brownlee Asst. Attorney General
Harold G. Kennedy Asst. Attorney General
Capitol Station
Austin, TX 78711

Counsel for Defendants
James W. Bradford, Jr.
221 Velasco—P.O. Box J
Angleton, TX 78711

Michael R. Waller
Childs, Fortenbach, Beck & Guyton
402 Pierce Avenue
Houston, TX 77002