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

No. 10-0316
TAMES

CITY OF AUSTIN v. HARRY M. WHITTINGTON, ET AL.

Oral argument was held on December 6, 2011. The Court issued an opinion resolving the case on August 31, 2012. It then denied rehearing on December 14, 2012 File Closed

In the news...

Tracking 7 articles about this case.

September 3, 2012

Cases in the news [Sep. 3, 2012]

from SCOTXblog

This article also mentions 7 other cases.

The Court has issued opinions:

August 31, 2012

Year-End Orders – 18 sets of opinions, 5 new cases set for argument [Aug. 31, 2012]

from SCOTXblog

This article also mentions 23 other cases.

August 19, 2011

Five new cases for argument in December [Aug. 19, 2011]

from SCOTXblog

This article also mentions 6 other cases.

July 22, 2011

Texas Supreme Court announces its fall lineup

from Tex Parte

This article also mentions 8 other cases.

July 22, 2011

Fall oral argument calendar released [Jul. 22, 2011]

from SCOTXblog

This article also mentions 25 other cases.

April 18, 2011

Whittington case headed for Supreme Court

from Austin Business Journal

April 15, 2011

Anonymous blogging decision from SCOTX; four other decisions; a grant about bad faith city takings [Apr. 15, 2011]

from SCOTXblog

This article also mentions 5 other cases.

Opinions

August 31, 2012

Guzman
Jefferson
Wainwright
Medina
Green
Johnson
Lehrmann

Justice Guzman delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Lehrmann joined. PDF

Hecht
Willett

Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Willett joined. PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Aff As Mod
COA Docket No.:03-07-00729-CV
Opinion Author:Honorable David E. Puryear

Trial Court

Trial Court:353rd District Court
County:Travis
Trial Judge:Honorable Joseph H. Hart
Trial Docket:D-1-GV-07-00942

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2012-12-14 Motion for Rehearing - Disposed Denied with Justice not sitting.
2012-12-14 Mandate issued  
2012-11-27 Response to Motion for Rehearing (Respondent)  
2012-11-13 Motion for Extension of Time to File Response disposed (Petitioner)   Filing granted
2012-11-13 Motion for Extension of Time to File Response (Petitioner)  
2012-11-02 Supreme Court of Texas Requested Response  
2012-10-16 Motion for Rehearing - Filed  
2012-10-16 Case forwarded to Court
2012-09-11 Motion for Extension of Time to File Motion for Rehearing disposed (Petitioner)   Filing granted
2012-09-06 Motion for Extension of Time to File Motion for Rehearing (Respondent)  
2012-08-31 Court approved judgment sent to attorneys of record Issued
2012-08-31 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
2012-08-31 Concurring and Dissenting Opinion delivered   Issued
  This case was awaiting the Court's decision after oral argument between February 6, 2012 and August 31, 2012.  
2012-02-06 Case Record Filed  
  This case was awaiting the Court's decision after oral argument between December 6, 2011 and February 6, 2012.  
2011-12-06 Oral argument  
2011-11-08 Fully hyperlinked brief filed  
  This case was waiting for oral argument between August 19, 2011 and November 8, 2011.  
2011-08-19 Submission reset   Case set for oral argument
2011-08-19 Motion to re-set submission date disposed   Filing granted
2011-08-17 Oral Argument Submission Form from Attorney received (Respondent)  
2011-08-11 Call received (Petitioner)  
2011-08-10 Call received (Petitioner)  
2011-08-09 Oral Argument Submission Form from Attorney received (Petitioner)  
2011-08-03 Motion to re-set submission date filed. (Petitioner)  
2011-08-03 Phone call from Clerk's Office (Petitioner)  
2011-07-22 Case set for oral argument   Case set for oral argument
  This case was waiting for oral argument between May 19, 2011 and July 22, 2011.  
2011-05-19 Response to Amicus Curiae Brief filed (Respondent)  
2011-04-15 Petition for Review disposed Filing granted
2011-04-15 Petition for Review granted
  This case was pending on merits briefs between January 24, 2011 and April 15, 2011.  
2011-01-24 Amicus Curiae Brief received  
2011-01-24 Phone call from Clerk's Office (Amicus Curiae)  
2011-01-10 Response to Amicus Curiae Brief filed (Petitioner)  
2011-01-06 Amicus Curiae Brief received  
2010-12-16 Reply brief filed (Petitioner)  
2010-11-24 Motion for Extension of Time disposed.   Filing granted
2010-11-19 Motion for extension of time to file brief. (Respondent)  
2010-11-19 Brief filed (Respondent)  
2010-10-15 Motion for Extension of Time disposed. (Respondent)   Filing granted
2010-10-13 Motion for extension of time to file brief. (Respondent)  
2010-09-30 Brief filed (Petitioner)  
2010-09-08 Motion for Extension of Time disposed. (Petitioner)   Filing granted
2010-09-03 Motion for extension of time to file brief. (Petitioner)  
2010-08-26 Case Record Filed  
2010-08-24 Record Requested in Petition for Review
2010-08-20 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between June 22, 2010 and August 20, 2010.  
2010-06-22 MET to file reply disposed of (Petitioner)   Filing granted
2010-06-21 Reply filed (Petitioner)  
2010-06-17 Motion to extend time to file reply (Petitioner)  
2010-06-08 Case forwarded to Court
2010-06-03 Response to Petition for Review filed (Respondent)  
2010-06-03 Response to Amicus Curiae Brief filed (Respondent)  
2010-05-27 Amicus Curiae Brief received  
2010-05-11 Phone call from Clerk's Office (Petitioner)  
2010-05-11 Supplemental appendix (Petitioner)  
2010-05-10 Petition for Review filed (Petitioner)  
2010-05-10 Appendix Filed (Petitioner)  
2010-05-06 Motion for Extension of Time to File Petition for Review disposed (Petitioner)   Filing granted
2010-05-05 Motion for Extension of Time to File Petition for Review filed (Petitioner)  

Parties

Party Counsel Role
City of Austin
Mr. James Michael Oliveros
Ms. Karen M. Kennard
Mr. A.A. Jack Ross IV
Mr. Max Renea Hicks
Ms. Anne L. Morgan
Mr. Howard P. Newton
Mr. David Allan Smith
Petitioner
Whittington, Harry M.
Mr. John J. 'Mike' McKetta III
Mr. Robert J. Hearon Jr.
Mr. William Gerow Christian
Respondent

Amici Curiae

Amicus Curiae Counsel
Texas Municipal League, Texas City Attorneys Association and
Ms. Lauren Ford Crawford
Texas Farm Bureau
Mr. Douglas G. Caroom
Clear Lake City Water Authority
Mr. Ramon G. Viada III
...
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