2 Cool Fishing Forum banner

Judge dismisses TOBA lawsuit on beach access

3681 Views 27 Replies 14 Participants Last post by  Catn' Around
Bye, bye SLP.

Texas' Oldest Newspaper
Copyright © 2004 Galveston County Daily News

Judge dismisses TOBA lawsuit on beach access

By Carter Thompson and Sarah Viren
The Daily News

Published June 15, 2004

AUSTIN â€" A judge on Monday dismissed a lawsuit challenging the city’s proposed beach access plan.

State district Judge Paul Davis ruled that his court did not have jurisdiction over the claims in the lawsuit filed by the Texas Open Beach Advocates in March.

The group sued the city, county and state general land office, alleging the city’s proposed beach access plan and its oversight of its beaches violated the state’s open beaches act. It alleged the county violated the law by lining miles of beachfront with giant sand-filled tubes to protect adjacent property from storms.

City officials applauded Davis’ decision. Those who filled the lawsuit said they probably would appeal the ruling.

“We are greatly disappointed that the private citizens of the state of Texas cannot protect their public beaches when GLO refused to uphold the clear letter of the law,” said Lisa Martinez, TOBA’s secretary-treasurer. “Therefore, we plan to examine our options to appeal this ruling as well as continue to work with the city of Galveston to finally get a fully compliant beach access plan, one that preserves and enhances beach access for all the citizens of the state.”

Defense attorneys argued that TOBA had no legal standing in the lawsuit. Chris Rasco, assistant city attorney, said Monday’s order indicates that the judge agreed with them.

“If the plaintiffs don’t have standing, then the court doesn’t have jurisdiction,” said Rasco. “This court is completely powerless to act at this point and the judge recognized this.”

Rasco said he felt any appeal would go in the city’s favor as well.

The Park Board of Trustees and Centex Destinations both intervened in the case, saying the lawsuit implicated their operations as well.

The park board oversees Galveston’s beach parks. Centex is planning a $500 million housing development on the West End. Under the city’s recently submitted access plan, beaches adjacent to this planned development will be closed to vehicular traffic once construction on the subdivisions begins.

Galveston has been operating under a provisional beach access plan since 1993. The city submitted a final plan to the GLO earlier this year. That plan is currently under review.

“Obviously I am pleased with the court’s decisions today in dismissing the claims against the city and I am looking forward to the GLO certifying the city’s beach access plan,” said City Attorney Susie Green.

Wendy O’Donohoe, director of planning for the city, said she expects to receive certification for all but one part of the plan “anytime now.”

The city will need to amend a portion of the plan dealing with access points between Apffel Park and Stewart Beach, she said.

Officials at the land office said the lawsuit had not stymied their process of evaluating and approving the city’s plan.

“We are still going ahead with final rules and we hope to get them shortly,” land office spokesman Jim Suydam said.
See less See more
21 - 28 of 28 Posts
Lynching Texas Style

Just Wondering!
What Would The God Fathers Of Texas Of Old Do In This??
Hangimmmmmm High And Letummmmm Swing??
In Those Days They Got Results.i Feel For You Beach Lovers, Its All About Greed.
Im having one of those days.

You ever have one? I take this issue so to heart, Im grasping at straws. Possibly, Im obsessed. Heck, I dont even really know whats going on behind the scenes.

I need to take a break.

tell em your new doctor (doctor fats) said you need a minimum of 3 days off, and i'll meet ya on the beach!!

We have posted a copy of our brief on standing on the TOBA website and a link to a copy of the brief submitted, jointly, by COG, Galveston County, Galveston Parks Board, San Luis Development Corp and Centex Development Corp.



It looks like it'll be a busy three months coming up for some of us as we prepare to submit an appeal. I can't imagine not submitting one.

Tom Brown

"There are many ways of going forward, but only one way of standing still." FDR
Hard Head,

We filed in the right jurisdiction! The judge found that we did not have standing! We knew the standing issue would be very tuff to get past, but we also felt that we had some very strong arguments for the judge to grant us standing. As Tom posted, our trial brief and the defendants trial brief is on the TOBA web site. We also will be appealing the case in the near future.

Tim Lopas

Ps. Hopefully, it's not BYE BYE SLP just yet...

We got yalls back. Do what yall need to do, let us know how we can help.
my buddy put that fencing in and he had the order to put it in over a month ago. I gave him an ear full about it.
21 - 28 of 28 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.