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Hix v. Robertson Amicus Brief

Hix v. Robertson is a case pending before the Waco Court of Appeals concerning navigable rivers.  Hix and Robertson are adjoining landowners.  Hog Creek flows from Robertson's land onto Hix's.  A dam on Hix's land backs up a small lake, a portion of which extends onto Robertson's land.  Robertson tried to fish from a boat in the part of the lake over Hix's land and Hix ran Robertson off.

A lawsuit followed.  Robertson won in the trial court, and Hix appealed.  The Waco Court of Appeals asked for amicus briefs to help decide the case.

Amicus briefs are those filed by nonparties who nevertheless have a stake in the issues presented in the case.  At the request and on behalf of the Texas Rivers Protection Association, Joe Riddell of Austin and Ken Bennight of the Rivermen prepared and filed an amicus brief that you can read through the link above.

Hix argues several points that, if upheld, would be harmful to the interests of Texas paddlers.  One such argument is that a citizen run off a stream is not entitled to sue to obtain access, that is, that citizens lack standing to sue.  Hix argues that only the Texas Attorney General can assert navigability of a stream.  Hix also argues that, even if the water would otherwise be navigable, a mistake by the surveyor who first described the land in the 1800s prevents the public from now navigating the stream.  The linked brief addresses these and other misconceptions of the law.

Appendices to brief

The table below shows what has happened in the case to date (August 31, 2006):

Case Events:
  Date Event Type Description
alt 8/29/2006 Amicus Curiae Brief Briefs, etc. of real party in interest
alt 8/18/2006 Response to motion Briefs, etc. of real party in interest
alt 8/15/2006 Motion for extension of time to file brief disposed Appellee
alt 8/14/2006 Supplemental Brief filed Appellee
alt 8/14/2006 Motion for extension of time to file brief Appellee
alt 8/11/2006 Correspondence from interested entity Briefs, etc. of real party in interest
alt 7/12/2006 Order entered  
alt 7/12/2006 Opinion Issued  
alt 6/7/2006 Submitted  
alt 5/2/2006 Miscellaneous Motion Appellee
alt 5/2/2006 Submission Waco OA Site
alt 4/26/2006 Proof of Service filed Appellee
alt 4/20/2006 Miscellaneous Motion Appellee
alt 4/20/2006 Certificate of Service Requested Appellee
alt 4/20/2006 Request for payment of motion fee. Appellee
alt 9/27/2005 Brief filed, oral argument requested Appellee
alt 9/27/2005 Ready for submission  
alt 9/13/2005 Motion for extension of time to file brief disposed Appellee
alt 9/6/2005 Motion for extension of time to file brief Appellee
alt 8/15/2005 Brief filed, oral argument requested Appellant
alt 7/26/2005 Motion for extension of time to file brief disposed Appellant
alt 7/12/2005 Motion for extension of time to file brief Appellant
alt 6/15/2005 Clerk's Record filed Trial Court Clerk
alt 5/3/2005 Notice of Appeal Filed - Civil Case  
alt 5/3/2005 Docketing Statement filed  
alt 3/29/2005 Trial court judgment