Severance v. Patterson, No. 09-0387, 2012 Tex. LEXIS 260 (Tex. Sup. Ct. Mar. 30, 2012)

(court states that it will reconsider it prior opinion concerning the scope of the Open Beaches Act (OBA); in prior opinion, court limited reach of OBA by finding that doctrine of avulsion operated to limit or eliminate public beach assessments after storm events – state (TX) rolling easement law does not cross property lines with result that public access to dry-sand beach under OBA lasts until original parcel over which easement established is lost to erosion; doctrine of custom inapplicable to establish public easement over beachfront property irrespective of beach movement, and doctrine of avulsion applicable to fix boundaries for public dry-sand beach easement).