Hix v. Robertson

193 S.W.3d 928, 2006 Tex. App. LEXIS 6016, 2006 WL 1911016

Opinions

ORDER REQUESTING AMICUS BRIEFING

PER CURIAM.

In this appeal, the trial court ruled that a specified part of Hog Creek is a statutory navigable stream and that Appellees and the general public are entitled to use that part and the entire adjoining lake for fishing, boating, and recreational purposes.

In his first issue, Appellant asserts that Appellee does not have standing to litigate the ownership of Hog Creek’s streambed and that only the State of Texas, in a proper proceeding brought by the Attorney General, has standing. Appellant’s fifth issue complains that the trial court erred in ruling that the specified part of Hog Creek is a statutory navigable stream and in enjoining Appellant from denying Appellees access to that part and to the adjoining lake.

Because these issues are of both public and private significance, we invite any other interested person or organization (including State entities such as the Office of the Attorney General, the Texas Water Development Board, the Texas Parks and Wildlife Department, the Texas Commission on Environmental Quality, and the Texas General Land Office) to submit an amicus brief on them.¹ See Tex.R.App. P. 11 (providing for the receipt of amicus briefs). Any amicus brief shall be tendered within 45 days after the date of this Order.

Any reply to an amicus brief shall be filed within 20 days after the amicus brief is received by the Court.

Chief Justice GRAY concurring.

Footnotes

1

. We have found two cases in which the Texas Supreme Court requested amicus briefing. Brown v. De La Cruz, 156 S.W.3d 560, 566 (Tex.2004); City of San Antonio v. City of Boerne, 111 S.W.3d 22, 30 (Tex.2003).