August 26, 2003
A lawsuit claiming Matagorda County commissioners violated the Texas Open Beaches Act was filed Monday by the Matagorda Bays Regional Advisory Committee of the Recreational Fishing Alliance and its chairman, Charles Menut.
The petition, filed against Matagorda County, asks that 130th District Court Judge Craig Estlinbaum make a declaratory judgment concerning the alleged violations.
Menut, the chairman of the committee, said the RFA is representing 810,000 saltwater anglers as well all Texans in the suit against the county.
"When you are poor and can't afford to get stuck in Matagorda's notoriously soft sand beach, when you are disabled ... when you bring your wife and kids to the beach while you try to put food on the table, you need access to the water and to your vehicle," he said.
The lawsuit claims that county commissioners violated the act by approving two agenda items at recent meetings.
The first was an agreement between the county and the Lower Colorado River Authority to allow the LCRA to lease 10.4 acres of land from the county near Matagorda Beach, including Jetty Park, for the construction of public facilities.
The second was a resolution to amend the Matagorda County Dune Protection and Beach Access Plan, which added the pedestrian beach, two new access roads and 300 new parking spots.
The amendments are currently being reviewed by the General Land Office and Texas Attorney General Greg Abbott to ensure they don't violate any laws. The process will take an estimated 60 to 90 days.
County Judge Greg Westmoreland said he consulted with both government agencies throughout the process of amending the plan to ensure county officials weren't breaking the law.
"We literally followed the law. We got input and comments from the GLO and the Texas attorney general along the way. They provided guidance," said Westmoreland. "We believe and stand by the amendments as presented as following the letter of the law."
Patty McKelvy, a committee board member, said the amendments didn't mandate dedicated beach parking at the new access point, equal or better beach road access or reasonable access to the beach by disabled persons, and therefore violated the act.
The committee maintains that the new access road protrudes into the wetlands and is far from Jetty Park, a popular fishing site, and therefore is not equal to or better than the existing access road.
"The RFA will not tolerate these blatant violations of OBA," McKelvy said in a prepared statement. "We will fight for the rights of fishermen and users of the beach. Equal or better access to the beach is the law. No one is above the law, not even LCRA or Matagorda County."