Supreme Court of Texas Blog: Legal Issues Before the Texas Supreme Court

No. 09-0257
TAMES

CITY OF DALLAS v. HEATHER STEWART

Oral argument was held on February 16, 2010. The Court issued an opinion resolving the case on July 1, 2011. It then denied rehearing on January 27, 2012 File Closed

In the news...

Tracking 10 articles about this case.

January 27, 2012

Rehearing denied in the City of Dallas nuisance case – workers comp bar applies to temporary workers [Jan. 27, 2012]

from SCOTXblog

The article also mentions:
  • IN RE CARL BASS, PATRICIA GRUTZMACHER AND THOMAS BAUER
  • JAYANTI PATEL v. CITY OF EVERMAN
  • PORT ELEVATOR-BROWNSVILLE, L.L.C. v. ROGELIO CASADOS AND RAFAELA CASADOS, INDIVIDUALLY AND AS REPRESENTATIVES OF THE ESTATE OF THEIR SON, RAFAEL CASADOS
  • The Court has issued opinions:

    January 27, 2012

    Texas Supreme Court rules in case involving takings, nuisance, separation of powers

    from Tex Parte

    August 17, 2011

    Urban Blight vs. Property Rights

    from Your Houston News

    August 11, 2011

    Ruling may slow Houston's tearing down of nuisance properties

    from Houston Chronicle

    August 2, 2011

    Texas Supreme Court Casts Doubt on City Property Rights Cases

    from NBCDFW

    July 5, 2011

    Texas Supreme Court Says Dallas Erred When It Razed House, Even If It Was a "Nuisance"

    from Dallas Observer

    July 1, 2011

    Today’s decisions: Recognizing safety as an aspect of privacy; electronic voting machines upheld; medical damages limited

    from SCOTXblog

    This article also mentions 11 other cases.

    February 15, 2010

    Takings claim for a house already determined to be a nuisance; bank liability for disbursing estate funds to an imposter [arguments for Feb. 16, 2010]

    from SCOTXblog

    The article also mentions:
  • IN RE ALLIED CHEMICAL CORPORATION, ET AL.
  • JEFFERSON STATE BANK v. CHRISTA C. LENK, ADMINISTRATRIX OF THE ESTATE OF MICKEY CARL MARCUS
  • November 20, 2009

    New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009]

    from SCOTXblog

    This article also mentions 12 other cases.

    November 20, 2009

    New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009]

    from SCOTXblog

    This article also mentions 14 other cases.

    Opinions

    January 27, 2012

    Guzman

    Justice Guzman dissents to denial of the motion for rehearing. PDF

    Jefferson
    Hecht
    Medina
    Willett
    Lehrmann

    The Court's opinion by Chief Justice Jefferson issued July 1, 2011 is withdrawn and the opinion of this date is substituted. The remaining opinions and the judgment, issued July 1, 2011, remain in place. PDF

    July 1, 2011

    Johnson
    Wainwright
    Green
    Guzman

    Justice Johnson delivered a dissenting opinion, in which Justice Wainwright, Justice Green, and Justice Guzman joined. PDF

    Guzman
    Wainwright
    Green
    Johnson

    Justice Guzman delivered a dissenting opinion, in which Justice Wainwright, Justice Green, and Justice Johnson joined. PDF

    Withdrawn Opinions

    The opinions below have been withdrawn by order of the Court.

    July 1, 2011

    Jefferson
    Hecht
    Medina
    Willett
    Lehrmann

    Chief Justice Jefferson delivered the opinion of the Court, in which Justice Hecht, Justice Medina, Justice Willett, and Justice Lehrmann joined. PDF

    Court of Appeals

    Appellate District:5th Court of Appeals
    Outcome Below:Affirmed
    COA Docket No.:05-07-01244-CV
    Opinion Author:Honorable Joseph Morris

    Trial Court

    Trial Court:193rd District Court
    County:Dallas
    Trial Judge:Honorable Carl Haralson Ginsberg
    Trial Docket:02-10116-L

    Entries on SCOTX Orders Lists

    Docket Entries

    Date Event Outcome  
    2012-02-02 Case Stored  
    2012-01-27 Previous opinion withdrawn
    2012-01-27 Motion for Rehearing - Disposed Denied
    2012-01-27 Mandate issued  
    2012-01-27 New majority opinion substituted for prior opinion Court of appeals' judgment affirmed
    2012-01-27 Dissenting opinion issued.   Issued
      This case was waiting for a decision about a pending motion for rehearing between November 17, 2011 and January 27, 2012.  
    2011-11-17 Amicus Curiae Brief received  
    2011-11-01 Address Change (Respondent)  
    2011-10-31 Response to Motion for Rehearing (Respondent)  
    2011-10-17 Supreme Court of Texas Requested Response  
    2011-10-13 Amicus Curiae Brief received  
    2011-10-06 Amicus Curiae Brief received  
    2011-09-29 Amicus Curiae Brief received  
    2011-09-08 Phone call from Clerk's Office (Amicus Curiae)  
    2011-09-07 Amicus Curiae Brief received  
    2011-09-01 Amicus Curiae Brief received  
    2011-08-31 Amicus Curiae Brief received  
    2011-08-29 Phone call from Clerk's Office (Amicus Curiae)  
    2011-08-29 Amicus Curiae Brief received  
    2011-08-24 Amicus Curiae Brief received  
    2011-08-23 Amicus Curiae Brief received
    2011-08-23 Amicus Curiae Brief received  
    2011-08-19 Amicus Curiae Brief received  
    2011-08-18 Motion for Rehearing - Filed  
    2011-08-18 Case forwarded to Court
    2011-07-15 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2011-07-14 Motion for Extension of Time to File Motion for Rehearing (Petitioner)  
    2011-07-01 Opinion issued Court of appeals' judgment affirmed
    2011-07-01 Dissenting opinion issued. Issued
    2011-07-01 Dissenting opinion issued.
    2011-07-01 Court approved judgment sent to attorneys of record Issued
      This case was awaiting the Court's decision after oral argument between February 16, 2010 and July 1, 2011.  
    2010-02-16 Oral argument  
    2010-02-03 Amicus Curiae Brief received  
    2010-01-15 Motion for Extension of Time disposed.   Filing granted
    2010-01-13 Motion for Extension of Time filed (Amicus Curiae)  
    2010-01-12 Oral Argument Submission Form from Attorney received (Petitioner)  
    2009-12-02 Motion for Extension of Time disposed. (Amicus Curiae)   Filing granted
    2009-12-01 Motion for Extension of Time filed (Amicus Curiae)  
    2009-12-01 Oral Argument Submission Form from Attorney received (Respondent)  
    2009-11-20 Case set for oral argument   Case set for oral argument
    2009-11-20 Petition for Review disposed Filing granted
    2009-11-20 Petition for Review granted
    2009-11-20 Solicitor general invited to file brief  
    2009-10-26 Reply brief filed (Petitioner)  
    2009-10-16 Case Record Filed  
    2009-10-12 Waiver of Brief on the Merits (Respondent)  
    2009-09-21 Brief filed (Petitioner)  
    2009-09-17 Amicus Curiae Brief received  
    2009-09-03 Electronic copies of brief posted to website (Petitioner)  
    2009-09-01 Electronic copies of brief posted to website (Amicus Curiae)  
    2009-08-28 Notice of vacation dates. (Respondent)  
    2009-08-25 Record Requested in Petition for Review
    2009-08-21 Brief on the Merits Requested  
      This case was waiting for a decision about briefing or a possible grant between June 22, 2009 and August 21, 2009.  
    2009-06-22 Response to Petition for Review filed (Respondent)  
    2009-05-22 Supreme Court of Texas Requested Response  
    2009-05-11 Amicus Curiae Brief received  
    2009-05-05 Case forwarded to Court
    2009-04-28 Additional citations received. (Petitioner)  
    2009-03-31 Appendix Filed (Petitioner)  
    2009-03-31 Petition for Review filed (Petitioner)  

    Parties

    Party Counsel Role
    Stewart, Heather
    Mr. Julius Staev
    Respondent
    City of Dallas
    Ms. Patricia Medrano De La Garza
    Mr. James B. Pinson
    Ms. Barbara E. Rosenberg
    Ms. Johnanna Greiner
    Ms. Kelley Elise Cash
    Mr. John K. Dunlap
    Mr. Charles S. Black Jr.
    Mr. Christopher D. Bowers
    Mr. Thomas P. Perkins Jr.
    Petitioner

    Amici Curiae

    Amicus Curiae Counsel
    City of Grapevine
    Mr. William Richard Thompson II
    City of Garland, Texas
    Mr. Matthew David Durham
    City of Mesquite
    Ms. Cynthia Holder Steiner
    City of McAllen
    Mr. Neil E. Norquest
    The City of Sulphur Springs
    Mr. Jim D. McLeroy
    City of Abilene
    Ms. Kelley K. Messer
    City of Fort Worth
    Mr. Christopher Bedford Mosley
    International Municipal Lawyers Assoc'n
    Ms. Marianne Landers Banks
    Texas Municipal League
    Mr. Scott N. Houston
    City of Irving
    Ms. Janet Marie Spugnardi
    OFFICE OF THE SOLICITOR GENERAL OF TEXAS
    Mr. Rance L. Craft
    City of Houston, Texas
    Ms. Donna Lynn Edmundson
    City of San Antonio, Texas
    Ms. Savita Rai
    Mr. Jose Ines Nino
    The Cities of Aledo
    Mr. Frederick Wayne 'Fritz' Quast
    ...
    ...