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

No. 13-0303
TAMES

HARRIS COUNTY FLOOD CONTROL DISTRICT AND HARRIS COUNTY, TEXAS v. EDWARD A. AND NORMA KERR, ET AL.

Oral argument was held on December 4, 2014. The Court issued an opinion resolving the case on June 17, 2016. It then denied rehearing on October 21, 2016 File Closed

In the news...

Tracking 2 articles about this case.

June 17, 2016

White Oak Bayou homeowners lose long court battle

from Houston Chronicle

The Court has issued opinions:

February 19, 2016

Four grants for future argument (likely in the fall); rehearing granted in the Houston takings case between home owners and a flood-control district [Feb. 19, 2016]

from SCOTXblog

This article also mentions 4 other cases.

Opinions

June 17, 2016

Willett
Johnson
Guzman
Lehrmann
Brown

Justice Willett delivered the opinion of the Court, in which Justice Johnson, Justice Guzman, Justice Lehrmann, and Justice Brown joined. PDF

Devine
Hecht
Green
Boyd

Justice Devine delivered a dissenting opinion, in which Chief Justice Hecht, Justice Green, and Justice Boyd joined.View Electronic Briefs | Oral Argument | Video PDF

Lehrmann

Justice Lehrmann delivered a concurring opinion. PDF

Withdrawn Opinions

The opinions below have been withdrawn by order of the Court.

June 12, 2015

Devine
Hecht
Green
Guzman
Boyd

The Court's opinion issued June 12, 2015 is withdrawn and the opinion issued this date is substituted. The dissenting opinions issued June 12, 2015 are withdrawn and the opinions issued this date are substituted. PDF

Willett
Johnson
Lehrmann
Brown

Justice Willett delivered a dissenting opinion, in which Justice Johnson, Justice Lehrmann, and Justice Brown joined. PDF

Lehrmann
Willett

Justice Lehrmann delivered a dissenting opinion, in which Justice Willett joined.View Electronic Briefs | Oral Argument | Video PDF

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Affirmed
COA Docket No.:01-11-00014-CV
Opinion Author:Honorable James Patrick 'Jim' Sharp

Trial Court

Trial Court:County Civil Court at Law No 1
County:Harris
Trial Judge:Honorable Cactus Jack Cagle
Trial Docket:837,329

Docket Entries

Date Event Outcome  
2016-10-21 Mandate issued  
2016-10-21 Motion for Rehearing - Disposed Denied
  This case was waiting for a decision about a pending motion for rehearing between August 30, 2016 and October 21, 2016.  
2016-08-30 Case forwarded to Court
2016-08-30 Motion for Rehearing  
2016-08-04 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2016-08-02 Motion for Extension of Time to File Motion for Rehearing  
2016-07-05 Notice of Appearance  
2016-06-17 Opinion issued   Court of Appeals' judgment reversed & judgment rendered
2016-06-17 Concurring Opinion issued.   Issued
2016-06-17 Previous opinion withdrawn  
2016-06-17 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2016-06-17 Motion for Extension of Time to File Motion for Rehearing  
2016-06-17 Court approved judgment sent to attorneys of record Issued
2016-06-17 Dissenting opinion issued.   Issued
  This case was waiting for a possible rehearing motion between February 19, 2016 and June 17, 2016.  
2016-02-19 Rehearing of cause granted
2016-02-19 Motion for Rehearing - Disposed Filing granted
  This case was waiting for a decision about a pending motion for rehearing between December 9, 2015 and February 19, 2016.  
2015-12-09 Reply to Response to Motion for Rehearing filed (Petitioner)  
2015-12-04 Amicus Curiae Letter Received  
2015-11-24 Response to Motion for Rehearing (Respondent)  
2015-10-21 Motion for Extension of Time to File Response disposed   Filing granted
2015-10-20 Motion for Extension of Time to File Response  
2015-10-16 Amicus Curiae Letter Received  
2015-10-09 Supreme Court of Texas Requested Response  
2015-09-30 Amicus Curiae Brief received  
2015-09-14 Amicus Curiae Brief received  
2015-09-09 Amended Brief filed (Amicus Curiae)  
2015-09-04 Amicus Curiae Letter Received  
2015-09-03 Amicus Curiae Brief received  
2015-09-03 Amicus Curiae Brief received  
2015-09-03 Amicus Curiae Brief received  
2015-09-02 Amicus Curiae Letter Received  
2015-09-01 Amicus Curiae Brief received  
2015-09-01 Amicus Curiae Brief received  
2015-08-31 Amicus Curiae Brief received  
2015-08-31 Amicus Curiae Brief received  
2015-08-31 Amicus Curiae Brief received  
2015-08-28 Motion for Rehearing  
2015-08-28 Case forwarded to Court
2015-08-26 Phone call from Clerk's Office  
2015-07-27 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2015-07-27 Motion for Extension of Time to File Motion for Rehearing  
2015-06-24 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2015-06-24 Motion for Extension of Time to File Motion for Rehearing  
2015-06-12 Dissenting opinion issued.   Issued
2015-06-12 Opinion issued   Court of Appeals' judgment affirmed
2015-06-12 Dissenting opinion issued.   Issued
2015-06-12 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between January 5, 2015 and June 12, 2015.  
2015-01-05 Post submission brief filed (Petitioner)  
2014-12-23 Post submission brief filed (Respondent)  
2014-12-04 Oral argument  
2014-10-30 Oral Argument Submission Form from Attorney received  
2014-10-24 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between July 11, 2014 and October 24, 2014.  
2014-07-11 Miscellaneous motion disposed. See Remarks.   Filing granted
2014-07-11 Submission reset   Case set for oral argument
2014-06-30 Miscellaneous Motion  
2014-06-27 Petition for Review disposed Filing granted
2014-06-27 Case set for oral argument   Case set for oral argument
2014-06-27 Petition for Review granted
2014-05-28 Brief on the Merits (Petitioner)  
2014-04-24 Motion for Extension of Time disposed.   Filing granted
2014-04-23 Motion for Extension of Time to File Brief filed  
2014-04-11 Brief on the Merits (Respondent)  
2014-04-04 Motion for Extension of Time disposed.   Filing granted
2014-04-04 Motion for Extension of Time to File Brief filed  
2014-03-03 Motion for Extension of Time disposed.   Filing granted
2014-03-03 Motion for Extension of Time to File Brief filed  
2014-02-12 Brief on the Merits (Petitioner)  
2014-01-03 Motion for Extension of Time disposed.   Filing granted
2014-01-03 Motion for Extension of Time to File Brief filed  
2013-12-20 Case Record Filed  
2013-12-16 Record Requested in Petition for Review  
2013-12-13 Brief on the Merits Requested  
2013-12-02 Reply to Response (Petitioner)  
2013-11-22 Response to Petition (Respondent)  
2013-10-14 Motion for Extension of Time to File Response disposed   Filing granted
2013-10-14 Motion for Extension of Time to File Response  
2013-09-12 Motion for Extension of Time disposed.   Filing granted
2013-09-12 Motion for Extension of Time to File Response  
2013-08-23 Supreme Court of Texas Requested Response  
2013-07-23 Case forwarded to Court
2013-07-22 Response Waiver filed  
2013-07-02 Amicus Curiae Brief received  
2013-06-21 Petition for Review (Petitioner)  
2013-05-21 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2013-05-21 Second Motion for Extension of Time to File Petition for Review filed  
2013-04-22 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2013-04-22 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Harris County Flood Control District
Ms. Melissa Spinks
Mr. Vincent Reed Ryan Jr.
Mr. Kevin H. Dubose
Ms. Amy Warr
Petitioner
Kerr, Edward
Mr. James B. Blackburn Jr.
Mr. Daryl L. Moore
Mr. Brett Wagner
Mary Bond Conner
Respondent

Amici Curiae

Amicus Curiae Counsel
City of San Antonio
Mr. Dan V. Pozza
City of Austin
Mr. Michael Jon Weils Siegel
Texas Municipal League
Mr. Scott N. Houston
North Texas Tollway Authority
Mr. W. Scott Hastings
Mr. John Clinton Schumacher
Texas Assoication of Counties
Michael Pichinson
County Judges
James P. Allison
Texas Water Conservation Association
Stacey Steinbach
The City of Houston
Ms. Donna Lynn Edmundson
Ms. Judith Lee Ramsey
Texas Conference of Urban Counties
Mr. John B. Dahill
Jeff Davis County
Ms. Teresa L. Todd
County of El Paso
Mr. Manuel Romero Jr.
Kevin McCary
Ms. Jo Anne Bernal
The Port of Houston Authority of Harris County, Texas
Mr. David Alan McNamara
Texas Department of Transportation
Ms. Susan Desmarais Bonnen
Houston Real Estate Council
Mr. James Arthur Boone
West Houston Association
Mr. James Arthur Boone
Greater Houston Builders Association
Mr. James Arthur Boone
Metropolitan Transit Authority of Harris County
Mr. Scott A. Brister
Fort Bend County, Texas
Huma Nisar Ahmed
The National Association of Counties
Robert Allen Eckels
Houston Property Rights Association
Mr. David Alfred Kahne
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