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

No. 15-0404


Oral argument was held on November 7, 2016. The Court issued an opinion resolving the case on February 24, 2017. File Closed

In the news...

Tracking 1 article about this case.

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.

The Court has issued opinions:


February 24, 2017


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


Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:05-14-00649-CV
Opinion Author:Honorable David W. Evans

Trial Court

Trial Court:380th District Court
Trial Judge:Honorable Benjamin N. Smith
Trial Docket:380-02686-2012

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2017-04-07 Mandate issued  
2017-02-24 Opinion issued   Court of Appeals' judgment reversed; remanded to Court of Appeals
2017-02-24 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between November 7, 2016 and February 24, 2017.  
2016-11-07 Oral argument  
2016-10-14 Oral Argument Submission Form from Attorney received  
2016-10-14 Oral Argument Submission Form from Attorney received  
2016-09-02 Case set for oral argument   Case set for oral argument
2016-08-17 Notice from attorney regarding vacation dates  
  This case was waiting for oral argument between February 19, 2016 and August 17, 2016.  
2016-02-19 Petition for Review granted
2016-02-19 Petition for Review disposed   Filing granted
2016-01-04 Amicus Curiae Brief received  
2015-12-30 Motion for Extension of Time disposed.   Filing granted
2015-12-17 Electronic communication sent to Party  
2015-12-16 Reply Brief (Petitioner)  
2015-12-16 Motion for Extension of Time to File Brief filed  
2015-11-30 Brief on the Merits (Respondent)  
2015-11-09 Brief on the Merits (Petitioner)  
2015-11-04 Case Record Filed  
2015-10-14 Record Requested in Petition for Review  
2015-10-09 Brief on the Merits Requested  
2015-09-14 Amicus Curiae Brief received  
2015-08-26 Amended Reply Filed  
2015-08-26 Call received  
2015-08-25 Reply to Response (Petitioner)  
2015-08-10 Response to Petition (Respondent)  
2015-07-10 Supreme Court of Texas Requested Response  
2015-06-22 Amicus Curiae Brief received  
2015-06-19 Call received  
2015-06-09 Case forwarded to Court
2015-06-04 Response Waiver filed  
2015-05-29 Petition for Review (Petitioner)  
2015-05-29 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2015-05-29 Call received  
2015-05-29 Phone call from Clerk's Office  
2015-05-29 Motion for Extension of Time to File Petition for Review filed  


Party Counsel Role
C, B
Matthew Ryan McCarley
Daniel Robert Thering
Mr. Matthew J. Kita
Steak N Shake Operations, Inc.
Mr. Christopher Louis Kurzner

Amici Curiae

Amicus Curiae Counsel
Texas Association Against Sexual Assault
Ms. Gretchen Sims Sween
Aid to Victims of Domestic Abuse, a United Way Agency
Maisha Colter
James Lewis
Mr. Bryan O. Blevins Jr.
Mr. Peter M. Kelly
Texas Restaurant Association
Ms. Julia F. Pendery