Boundaried Court Jurisdiction,Procedure and Review:Class Action

摘要

This case is another iteration following Brainard v. State, 12 S.W.3d 6 (Tex. 1999), whereby several landowners seek to establish the boundary of the Canadian river pursuant to a 1989 legislative enactment. In State v. Riemer, 94 S.W.3d 103,159 O.&G.R. 579 (Tex. App.—Amarillo 2002), the court dismisses all non-constitutional claims against the state relating to the disputed ownership of the riverbed because the state did not waive sovereign immunity. The 2002 opinion leads to a remand to the trial court to resolve the landowners' claims of an alleged unconstitutional taking of their property interests. The landowners amend their pleadings and seek to certify a class defined as: "All owners, from 1981 to the present, of any real property interest adjacent to the Canadian Riverbed from the Sanford Dam east approximately 12 miles.