Supreme Court of Texas Blog

No. 19-0689
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KATHLEEN POWELL & PAUL LUCCIA v. CITY OF HOUSTON, TEXAS

Oral argument was held on January 5, 2021. The Court issued an opinion resolving the case on June 4, 2021. It then denied rehearing on October 8, 2021 File Closed

Opinions

October 8, 2021

Percuriam

Supplemental Opinion on Motion for RehearingView Electronic Briefs | Oral Argument PDF

June 4, 2021

Busby
Hecht
Guzman
Lehrmann
Boyd
Devine
Blacklock
Bland
Huddle

Justice Busby delivered the opinion of the Court, in which Chief Justice Hecht, Justice Guzman, Justice Lehrmann, and Justice Boyd joined, and in which Justice Devine, Justice Blacklock, Justice Bland, and Justice Huddle joined as to Part II. PDF

Bland
Devine
Blacklock
Huddle

Justice Bland delivered a concurring opinion, in which Justice Devine, Justice Blacklock, and Justice Huddle joined.View Electronic Briefs | Oral Argument PDF

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Affirmed
COA Docket No.:01-18-00237-CV
Opinion Author:Honorable Evelyn Keyes

Trial Court

Trial Court:County Civil Court at Law No 1
County:Harris
Trial Judge:Honorable George Barnstone
Trial Docket:1043863

Docket Entries

Date Event Outcome  
2021-10-08 Supplemental Opinion
2021-10-08 Motion for Rehearing - Disposed Denied
  This case was waiting for a decision about a pending motion for rehearing between June 21, 2021 and October 8, 2021.  
2021-06-21 Motion for Rehearing  
2021-06-21 Case forwarded to Court
2021-06-04 Opinion issued   Court of appeals' judgment affirmed
2021-06-04 Concurring Opinion issued.   Issued
2021-06-04 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between January 5, 2021 and June 4, 2021.  
2021-01-05 Oral argument  
2021-01-04 Call received  
2021-01-04 Amicus Curiae Brief received  
2021-01-04 Amicus Curiae Brief received  
2021-01-04 Exhibits in case/cause filed (Respondent)  
2021-01-04 Call received  
2020-12-30 Submission Schedule
2020-12-22 Amicus Curiae Brief received  
2020-12-10 Oral Argument Submission Form from Attorney received  
2020-12-10 Oral Argument Submission Form from Attorney received  
2020-12-09 Oral Argument Submission Form from Attorney received  
2020-12-09 Letter sent to parties from Supreme Court - See Remarks  
2020-12-09 Oral Argument Submission Form from Attorney received  
2020-12-04 Motion to Argue disposed   Filing granted
2020-11-16 Electronic communication received from Party  
2020-11-13 Motion to Argue disposed   Filing granted
2020-11-13 Motion to Argue filed  
2020-11-13 Electronic communication sent to Party  
2020-11-03 Response to Motion filed  
2020-11-03 Electronic communication sent to Party  
2020-11-02 Motion to Argue filed  
2020-10-02 Petition for Review disposed Filing granted
2020-10-02 Petition for Review granted
2020-10-02 Case set for oral argument   Case set for oral argument
2020-09-09 Motion for Extension of Time disposed.   Filing granted
2020-09-08 Reply Brief (Petitioner)  
2020-09-04 Motion for Extension of Time to File Brief filed  
2020-09-03 Call received  
2020-08-18 Motion for Extension of Time disposed.   Filing granted
2020-08-17 Motion for Extension of Time to File Brief filed  
2020-08-06 Amicus Curiae Brief received  
2020-08-03 Brief on the Merits (Respondent)  
2020-07-01 Motion for Extension of Time disposed.   Filing granted
2020-07-01 Motion for Extension of Time to File Brief filed  
2020-06-29 Amicus Curiae Brief received (Amicus Curiae)  
2020-06-15 Brief on the Merits (Petitioner)  
2020-06-13 Brief on the Merits (Petitioner)  
2020-05-13 Motion for Extension of Time disposed.   Filing granted
2020-05-12 Motion for Extension of Time to File Brief filed  
2020-04-10 Motion for Extension of Time to File Brief filed  
2020-04-10 Motion for Extension of Time disposed.   Filing granted
2020-03-13 Brief on the Merits Requested  
2020-02-25 Reply to Response (Petitioner)  
2020-02-10 Response to Petition (Respondent)  
2020-01-10 Supreme Court of Texas Requested Response  
2019-12-30 Amicus Curiae Brief received  
2019-12-03 Case forwarded to Court
2019-11-26 Response Waiver filed  
2019-11-19 Call received  
2019-11-19 Phone call from Clerk's Office  
2019-11-14 Phone call from Clerk's Office  
2019-11-08 Petition for Review (Petitioner)  
2019-10-09 Third Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-10-09 Third Motion for Extension of Time to File Petition for Review filed  
2019-09-10 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-09-09 Second Motion for Extension of Time to File Petition for Review filed  
2019-08-12 Court reporter/recorder's record
2019-08-12 Clerk's Record
2019-08-12 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-08-09 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
City of Houston, Texas
Ms. Collyn A. Peddie
Mr. Brian Anthony Amis
Respondent
Paul Luccia
Mr. Matthew Joseph Festa
Petitioner
Kathleen Powell
Mr. Matthew Joseph Festa
Petitioner

Amici Curiae

Amicus Curiae Counsel
Scenic Organizations
Cooke Kelsey
Institute for Justice
Mr. Arif Panju
Land Developers
 
Texas Freedom Caucus
Mikael Garcia
State of Texas
Ms. Lanora Pettit
Mr. Kyle D. Hawkins
Mr. Ryan Lee Bangert
The Honorable Warren Kenneth Paxton
Ms. Bethany Spare
Mr. Jeffrey C. Mateer
Preservation Austin
Ms. Sara C. Bronin
Bronin, Sara
Ms. Sara C. Bronin
Historic Fort Worth Inc.
Ms. Sara C. Bronin
Preservation Dallas
Ms. Sara C. Bronin
Preservation Action
Ms. Sara C. Bronin
The Trost Society
Ms. Sara C. Bronin
Fox, Sarah
Ms. Sara C. Bronin
The National Alliance of Preservation Commissions
Ms. Sara C. Bronin
Preservation Texas, Inc.
Ms. Sara C. Bronin
Alexander, Lisa T.
Ms. Sara C. Bronin
The San Antonio Conservation Society
Ms. Sara C. Bronin
Byrne, J. Peter
Ms. Sara C. Bronin
Rowberry, Ryan M.
Ms. Sara C. Bronin
Zale, Kellen
Ms. Sara C. Bronin
Davidson, Nestor M.
Ms. Sara C. Bronin
The Astrodome Conservancy
Ms. Sara C. Bronin
Greater Houston Preservation Alliance, Inc., dba Preservation Houston
Ms. Sara C. Bronin
The National Trust for Historic Preservation in the United States
Ms. Sara C. Bronin
Foster, Sheila
Ms. Sara C. Bronin
Texas Public Policy Foundation
Mr. Chance Dean Weldon
Shelby Sterling
Mr. Robert Earl Henneke
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