Historic Preservation Law

Saving Pier 19
On April 6, 1976, Robert M. Moore filed two (2) lawsuits and personally tried the final suit which took seventeen (17) days over a six (6) week period and culminated in winning an Order of Temporary Injunction on May 19, 1976 against the City of Galveston and the Galveston Wharves Board from removing the present shrimp fleet from the Historic Pier 19 berth.

• As a result of the Injunction, forced a negotiated settlement allowing for a Referendum Vote by the citizens of Galveston on a Charter Amendment which prevented either the City Council or the Wharves Board from ever removing or changing the Pier 19 site. This site had been designated on the National Register of Historic Places as the "berth for the Historic mosquito fleet," and the area cannot be changed without The City of Galveston calling for another Referendum Vote by the citizens of Galveston.
• Effectively created and advised the political organization known as the Pier 19 Committee; participated as the lead debater in 15 separate community debates among community organizations, on radio and television, which efforts along with many others were successful in an overwhelming 2-1 vote in favor of the referendum. This occurred in January, 1997.
• Represented the Galveston Historical Foundation in filing suit in Federal District Court and obtaining an injunction against the destruction of the Uford Building, which was a part of the Strand Historical District, 1978.
• Successfully represented the San Antonio Conservation Society in their efforts to stop the destruction of the Rand Building, 1980.
• Successfully represented the San Antonio Conservation Society in filing suit in Federal District Court in their efforts against Republic National Bank of Dallas to stop the destruction of the historic and famous Texas Theater in San Antonio, 1982, through a finally negotiated settlement agreement.
• Representative Case: Fritiofson v. Alexander, 772 F.2d 1225 (1985), U.S. Court of Appeals, Fifth Circuit (see full text below).

This victory was a monumental victory for the citizens of Galveston and for the benefit of Galveston's tourist economy. It was initiated by 47 Shrimpers who had been utilizing this berth for their boats for over a century. When the Galveston Wharves Board decided to evict them and had built the new spot for them on Pelican Island, they began a two-year protest, led by Frank Tropea, and other Italian Shrimpers, and Johnny Williams ("Stack") of Williams Party Boat -- TEXSUN II -- who were responsible for spearheading the legal effort. None of the lawyers or law firms in Galveston would represent them because they claimed it was impossible to overcome the authority of the Galveston Wharves Board since their control was autonomous and outside the power of the Galveston City Council, which on its face, was true. Johnny Williams is my first cousin, and he came to my law offices in Houston to see if I would take their case. He has since died and "Johnny Boy Williams" has carried on the business founded by his grandfather in 1947 and is the oldest Party Boat Fishing business that has continually operated at Pier 19 for over sixty (60) years.

But for the overwhelming enthusiasm of a non-Galvestonian who had come to Galveston to retire, Mr. Ralph Woods, I would not have taken this case. But Ralph Woods and the shrimpers developed an ad hoccommittee and had obtained over 20,000 signatures from citizens in Galveston who opposed the Galveston Wharves Board's autonomous authority to displace and fill in Pier 19 for another commercial cargo dock. It was the commitment of Ralph Woods, Frank Tropea, Bill Fullen, Rita Fueger, Fred Graef, Elwie Simpton, Johnny (Stack) Williams and his son, Johnny Boy Williams, and City Councilwoman Edna Fuller that led me to believe that a solution could be found. Thanks to God, He provided the legal solution and the victory in the Referendum Vote mentioned above.

This victory was more than just a victory for the Shrimpers and Party Boat interests at Pier 19. It was a major philosophical statement by the Citizens of Galveston that they recognized that the saving of this Historic Pier 19 would be the catalyst for the historic development of The Strand and surrounding areas in "Old Galveston" that continues today. This has turned out to be a "Godsend" for the City of Galveston economically since the Galveston Port Commercial Operations had already begun to decline due to the competition of the Houston Port Authority. Because of this victory, the Galveston Wharves Board eventually came to the point of view that continued tourist-type use of most of the cargo docks close to The Strand would turn out to be more viable economically than ordinary freight and cargo business.

This can be seen today by the conversion of Piers 20, 21, 22, and all the way through the Galveston Cruise Ship Terminal, which have had the effect of raising the industry of "tourism" to jump to the leading economic stimulator for Galveston's economy.

This battle is indicative of the new battles to save the integrity and the environment of West Galveston Island for eco-tourism as opposed to the continued destruction of the unprotected portion of West Galveston Island by subdivision development utilized as "second homes" by the upper income group of our society and to the detriment of ordinary citizens who depend on our natural resources as their primary outlet for fishing, camping, birdwatching, kayaking, and utilization of existing beach houses for vacation rentals.

The Laffite's Cove Nature Preserve - Cabaza de Vaca
Fritiofson v. Alexander, 772 F.2d 1225 (1985)
U.S. Court of Appeals, Fifth Circuit
Bob Moore filed a "pro-bono" suit in 1978 because of Eva Fritiofson's commitment to save the area formerly owned by her grandfather, John Egert on Eckert's Bayou. This suit was against the United States Corps of Engineers, the developer of Pirate's Beach Subdivision on West Galveston Island, and other Federal agencies, to require the completion of an Environmental Impact Statement (EIS) prior to the development of the Laffite's Cove Subdivision on Eckert's Bayou on Galveston Island, because of the threatening damage to the flora and fauna of this unique wetlands area.

A Preliminary Injunction was obtained in 1978, and after years of research, Public Hearings, presentations of expert testimony, both sides finally submitted Motions for Summary Judgment. The Plaintiffs finally won a Temporary Injunction in U.S. Federal District Court on March 2, 1984. (Click Here for Exhibit B: The Houston Post, Sunday March 11, 1984, "Environmental attorney triumphs over army of Goliaths.) That injunction was appealed, the legal principles sustained, and was then reversed only in part for technical clarification of the record in 1985 by the U.S. Fifth Circuit Court of Appeals. A new permit application was then submitted by the developer. Because of the substantial favorable changes which were made to the original plan, which included the expansion of the "Reserve Area" from 5 acres to 36 acres, the developer was forced to save the major portion of the largest known burial ground of the indigenous people on the Texas Coast, and the only remaining group of the three historic "oak motts" known since the early 1800's as "The Three Trees."

This Reserve Area is now historically designated as The Laffite's Cove Nature Preserve. The developer was also required to complete and publish an in-depth and detailed analysis of the archaeological finds in this Reserve Area, which had been summarily avoided before. This archeological data and the recovered artifacts point to this as the same area where Cabeza de Vaca lived with the indigenous people between 1527 and 1531. This island he named "Malhado." de Vaca's report to the King of Spain titled "La Relation," is highly recommended by Bob Moore to any persons interested in learning of the spiritual impact of Cabeza de Vaca's faith on people almost 500 years after his stay on West Galveston Island. (Click Here for Exhibit E: Opinion dated August 19, 1999 by Bob Moore - "De Vaca was the true first hero of Texas.")

There are several translations of "La Relacion." The most easy to read and highly acclaimed version is Cyclone Covey's translation entitled "Adventures In the Unknown Interior of America," published by the "University of New Mexico Press," 1720 Lomas Boulevard, N.E., Albuquerque, New Mexico, 87131-1591, phone 1-800-249-7737. This publication's Epilogue by Professor William T. Pilkington gives the essence of the tremendous contribution made by this courageous Spaniard whose impact is of epic proportions on the lives of many people.

The more serious student of history will find this book fascinating. Maya Vision International has released a new film entitled "Conquistadors" (www.mayavisionint.com). A portion of the segment of the epic story of Cabeza de Vaca entitled Episode 4: "All the World is Human," was filmed at Bob Moore's home, featuring Dr. Sammy Ray of Texas A & M University who explains how Cabeza de Vaca and the indigenous people survived during the winter months on a diet of oysters and the "nuts" on the roots of the plant known as a "Cat-tail." These oysters shown in the film were collected along the shoreline by Bob's home, and local historian and professional biologist Kenny James was able to forage and collect the "Cat-tails" that made the script authentic and complete.

Bob Moore is also interviewed in this film at the Historic Site one of "The Three Trees." This short segment on the site of the historic "Three Trees" is located on the ridge of the site actually visited by Cabeza de Vaca in 1527 and which is across the street from the Lafitte's Cove Nature Preserve. This place was the first contact by any European in the whole continent of North America. The survival of Cabeza de Vaca and a few other Spaniards at this place could not have happened but for the compassion and intervention of the indigenous people (Karankawas and the Hans). His survival and continued contact with the indigenous people of the Southwest effected a spiritual transformation in this "seeker of wealth" that is fully revealed in his later report to the King of Spain entitled "La Relation." That report accelerated the expedition of Coronado and others into the Southwest and over to California.

• Also, note page 97 of the book "Pioneers of West Galveston Island" by Roberta Marie Christensen, where Bob Moore was quoted by the author as follows:

"Through the years, and up until 1987, neither myself nor others had any appreciation of the work that had been done by the archaeologists on this ridge. In 1987, I stumbled across a report of the Texas Historical Commission that made a singular reference to the possibility that evidence might be found on this site that would corroborate Cabeza de Vaca's first contact on the Texas Coast at this place.
My pursuit of learning all that I could find out about Cabeza de Vaca was, in large measure, God's way of bringing me back to my faith. I was profoundly struck, overwhelmed, and encouraged by the raw persistence that Cabeza de Vaca exemplified in his ordeal.
I picked up Cyclone Covey's translation of Cabeza de Vaca's report and read it over and over again, many times. The Epilogue of Professor Pilkington at the back of this book had a particularly powerful impact on me, as it explained a similar transformation which was then taking place in my life, out of my own personal struggles and suffering.
That was the beginning of the renaissance of my return to the Faith. As I began to really understand Christ's message "to embrace the pain" of life, I began the attached documentation of the references in Cabeza de Vaca's journal, where he has made it absolutely clear that, the source of his power was his Faith in Christ. I now have faith that through prayer, if it is truly God's will, and not my own, some day this land will be preserved and, among other facilities, have a Chapel erected in honor of Cabeza de Vaca." (Click Here for Exhibit F: "The Source of Cabeza de Vaca's Survival - Quotes from "Adventures in the Unknown Interior of America" published by the University of New Mexico Press, 1720 Lomas Boulevard, N.E., Albuquerque, New Mexico, 87131-1591, phone 1-800-249-7737.)