Texas Supreme Court
The John G. and Marie Stella Kenedy Memorial Foundation and Corpus Christi Diocese of the Roman Catholic Church…
August 29, 200290 S.W.3d 268
Summary
The Texas Supreme Court held that the civil‑law rule articulated in Luttes applies, requiring the shoreline boundary to be set at the measured mean daily higher high water level, reversed the Court of Appeals judgment and remanded for a trial‑court judgment consistent with that rule. Justice ENOCH, joined by Justices BAKER and HANKINSON, dissented, arguing that the tide cannot be measured and that the boundary should be determined by historical evidence.