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

No. 15-0117
TAMES

IN RE LAZY W DISTRICT NO. 1

Oral argument was held on March 9, 2016. The Court issued an opinion resolving the case on May 27, 2016. File Closed

In the news...

Tracking 1 article about this case.

January 21, 2016

Grants made on a Tuesday afternoon [Oct. 19, 2015]

from SCOTXblog

The article also mentions:
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  • The Court has issued opinions:

    Opinion

    May 27, 2016

    Hecht
    Green
    Johnson
    Willett
    Guzman
    Lehrmann
    Boyd
    Devine
    Brown

    Chief Justice Hecht delivered the opinion of the Court.View Electronic Briefs | Oral Argument | Video PDF

     

    Court of Appeals

    Appellate District:12th Court of Appeals
    Outcome Below:Cond Granted
    COA Docket No.:12-14-00329-CV
    Opinion Author:Honorable Jim Worthen

    Trial Court

    Trial Court:3rd District Court
    County:Henderson
    Trial Judge:Honorable Joe D. Clayton
    Trial Docket:2014C-0144

    Docket Entries

    Date Event Outcome  
    2016-07-08 Case Stored  
    2016-06-29 Letter sent to parties from Supreme Court - See Remarks  
    2016-05-27 Opinion issued   Writ of Mandamus conditionally granted
    2016-05-27 Stay Order lifted
      This case was awaiting the Court's decision after oral argument between March 9, 2016 and May 27, 2016.  
    2016-03-09 Oral argument  
    2016-03-03 Amicus Curiae Brief received  
    2016-02-02 Oral Argument Submission Form from Attorney received  
    2016-02-01 Oral Argument Submission Form from Attorney received  
    2016-01-26 Motion to postpone submission date disposed   Filing granted
    2016-01-26 Submission reset   Case set for oral argument
    2016-01-22 Motion to postpone submission date filed  
    2016-01-20 Oral Argument Submission Form from Attorney received  
    2016-01-19 Case set for oral argument   Case set for oral argument
    2016-01-19 Petition for Writ of Mandamus disposed Case set for oral argument
    2016-01-19 Mandamus Set to Argue
      This case was pending on merits briefs between June 22, 2015 and January 19, 2016.  
    2015-06-22 Reply Brief (Relator)  
    2015-06-08 Brief on the Merits (Real Parties in Interest)  
    2015-05-15 Brief on the Merits (Relator)  
    2015-04-20 Amicus Curiae Brief received  
    2015-04-17 Amicus Curiae Brief received (Amicus Curiae)  
    2015-04-17 Brief on the Merits Requested  
    2015-04-10 Response to Petition for Writ of Mandamus Filed (Real Parties in Interest)  
    2015-03-11 Stay Order issued
    2015-03-11 Supreme Court of Texas Requested Response  
    2015-03-11 Motion to Stay Disposed   Filing granted
    2015-03-09 Reply to Response to Motion  
    2015-03-06 Notice received  
    2015-03-02 Response to Motion filed  
    2015-02-27 Letter Filed  
    2015-02-25 Supreme Court of Texas Requested Response  
    2015-02-23 Amendment to Motion filed  
    2015-02-20 Notice received  
    2015-02-18 Petition for Writ of Mandamus (Relator)  
    2015-02-18 Motion to Stay Filed  
    2015-02-18 Case Record Filed  

    Parties

    Party Counsel Role
    Tarrant Regional Water District
    Mr. Michael L. Atchley II
    Mr. Tom Henson
    Mr. Hal R. Ray Jr.
    Real Party In Interest
    Smith, Beverly Wilson
    Mr. Jeffrey Lee Coe
    Mr. Christopher Daniel Tinsley
    Other Interested Party
    Lazy W District No. 1
    Mr. Martin Ray Bennett
    Mr. M. Keith Dollahite
    Collen Meyer
    Mr. Evan (Van) Lane Shaw
    Mr. Robert Greenlaw Haiman
    Relator
    Bennett, Monty
    Mr. Monty Bennett
    Intervenor

    Amici Curiae

    Amicus Curiae Counsel
    State of Texas
    Mr. Rance L. Craft
    City of Dallas
    Ms. Barbara E. Rosenberg

    How early in the condemnation process can governmental immunity be invoked?

    local immunity takings

    This dispute between two local governments has reached the Supreme Court on a fast track. The question relates to a very early step of the condemnation process: the court appointing special commissioners to make an initial evaluation of property value.

    When Tarrant Regional Water District (TRWD) filed suit to condemn some land for a pipeline easement across land held by another local entity (Lazy W District No. 1), a plea to the jurisdiction was filed immediately, even before appointment of the special commissioners. The trial court declined to move forward until it could first resolve the question raised by the plea, whether it had subject-matter jurisdiction at all. At TRWD's request, the court of appeals granted mandamus relief ordering that the appointments be made immediately. Lazy W petitioned the Supreme Court, which issued a stay freezing proceedings below. It has now scheduled the petition for oral argument.

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