Texas General Land Office and Jerry Patterson, in His Capacity as Texas Land Commissioner v. Sonya Porretto and Rosemarie Porretto, 369 S.W.3d 276

Background

Porretto family owned beachfront tracts on Galveston Island from 6th to 27nd Streets, including Porretto Beach and PBW, with Porretto Beach West undeveloped.
In 1994 the State, via the GLO, leased submerged lands between 10th and 61st Streets to the City of Galveston for a beach renourishment project, stating it covered submerged lands and preserving seawall uplands for the county.
From 2001 the Porrettos attempted to sell portions of their property but faced clouded title and sued the GLO, Patterson, and Galveston officials for interference with good title and for inverse condemnation.
Trial court initially quieted title in favor of the Porrettos and found some State actions violated article I, section 17, awarding takings damages and attorney’s fees as sanctions after a bench and jury trial.
On rehearing, the Texas First District reversed, holding the State owns the submerged land and Porrettos hold title only to dry land seaward of the mean higher high-tide line; the Open Beaches Act challenge was unripe and discovery sanctions improper.
Key legal dispute centers on whether Menard Grant conveyance and civil-law shoreline boundaries include submerged land, and whether any state action constitutes a taking.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Subject-matter jurisdiction over title claims	Porretto asserts title to submerged land as their property and seeks declaratory relief against immune State actors.	State argues sovereign immunity bars title relief because the submerged land is state land and the court lacks jurisdiction.	The State proved title to submerged land; court lacked jurisdiction over Porrettos’ title claims against the State.
Ownership scope of Porrettos vs. submerged land	Porretto claims ownership of all porches, PBW and adjacent tracts including submerged areas.	State shows submerged land is state property; Porrettos hold only dry land seaward of the mean higher high-tide line.	Porrettos’ title stops at the mean higher high-tide line; submerged land belongs to the State.
Open Beaches Act constitutional challenge	Porretto challenges Open Beaches Act as unconstitutional ex post facto and improper application hindered property rights.	State argues challenge is not ripe and Act creates no new public easement where none exists.	Challenge not ripe; no subject-matter jurisdiction over Open Beaches Act challenge.
Inverse condemnation viability	State actions regarding Porretto Beach and PBW constitute taking damages for private property without just compensation.	State asserts no taking; submerged land ownership remains with the State, and actions did not deprive Porrettos of all economically viable use.	Porrettos take nothing on inverse condemnation; no taking proven and no identifiable private property interest.

Key Cases Cited

Porretto v. Patterson, 251 S.W.3d 701 (Tex. App.—Hou. [1st Dist.] 2007) (reversed dismissal for lack of jurisdiction; related to initial proceedings)
John & Stella Kenedy Mem’l Found. v. Dewhurst, 90 S.W.3d 268 (Tex. 2002) (shoreline boundaries under civil law; mean higher high-tide line governs title)
City of Galveston v. Menard, 23 Tex. 349 (Tex. 1859) (early offshore boundary and submerged land principles; Seashore ownership)
Lorino v. Crawford Packaging Co., 175 S.W.2d 410 (Tex. 1943) (soil of Gulf’s bays and submerged land; accretions remain state property)
TH Invs. Inc. v. Kirby Inland Marine, L.P., 218 S.W.3d 173 (Tex. App.—Hou. [1st Dist.] 2007) (shoreline boundary shifts; civil-law approach to boundaries)
Mayhew v. Town of Sunnyvale, 964 S.W.2d 922 (Tex. 1998) (takings; de novo standard for jurisdictional questions)
Westgate, Ltd. v. State, 843 S.W.2d 448 (Tex. 1992) (regulatory takings; direct restriction on use required)
State v. Lain, 349 S.W.2d 579 (Tex. 1961) (colorable state rights; Lain rule on premature adjudication)