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No. 20-0567
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TERRANCE J. HLAVINKA, KENNETH HLAVINKA, TRES BAYOU FARMS, LP, AND TERRANCE HLAVINKA CATTLE COMPANY v. HSC PIPELINE PARTNERSHIP, LLC

Oral argument was held on February 23, 2022. The Court issued an opinion resolving the case on May 27, 2022. It then denied rehearing on September 2, 2022 File Closed

Opinion

May 27, 2022

Bland
Hecht
Lehrmann
Boyd
Devine
Blacklock
Busby
Huddle
Young

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

 

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Aff/Pt and Rev & Rem/Pt
COA Docket No.:01-19-00092-CV
Opinion Author:Honorable Russell T. Lloyd

Trial Court

Trial Court:County Court at Law No 2 & Probate Court
County:Brazoria
Trial Judge:Honorable Marc W. Holder
Trial Docket:CI54928

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2022-09-06 Mandate issued  
2022-09-02 Motion for Rehearing - Disposed Denied
2022-09-02 Motion for Rehearing - Disposed Denied
2022-08-31 Amicus Curiae Letter Received  
2022-08-24 Amicus Curiae Brief received  
2022-08-16 Amicus Curiae Letter Received  
2022-08-16 Amicus Curiae Brief received  
2022-07-15 Amicus Curiae Brief received  
2022-07-13 Case forwarded to Court
2022-07-13 Motion for Rehearing for pet #2  
2022-07-13 Case forwarded to Court
2022-07-13 Amicus Curiae Letter Received  
2022-07-13 Motion for Rehearing  
2022-06-08 Motion for Extension of Time to File Motion for Rehearing  
2022-06-08 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2022-05-27 Opinion issued   Issued
2022-05-27 Court approved judgment sent to attorneys of record Issued
2022-05-27 Opinion issued   Court affirms in part and reverses in part CA judgment and remands to trial court
2022-05-17 Amicus Curiae Brief received  
2022-05-03 Amicus Curiae Brief received  
2022-04-08 Post submission brief filed (Respondent)  
2022-04-06 Supplemental Letter Brief (Petitioner)  
2022-04-01 Amicus Curiae Brief received  
2022-03-30 Call received  
2022-03-25 Post submission brief filed  
2022-03-11 Amicus Curiae Brief received  
2022-03-03 Post submission brief filed (Respondent)  
2022-03-03 Amicus Curiae Brief received  
2022-02-23 Oral argument  
2022-02-23 Oral argument  
2022-02-22 Exhibits in case/cause filed (Petitioner)  
2022-02-22 Exhibits in case/cause filed (Petitioner)  
2022-02-22 Amicus Curiae Letter Received  
2022-02-22 Amicus Curiae Brief received  
2022-02-16 Submission Schedule
2022-02-14 Oral Argument Submission Form from Attorney received  
2022-02-14 Oral Argument Submission Form from Attorney received  
2022-02-14 Letter sent to parties from Supreme Court - See Remarks  
2022-01-28 Petition for Review disposed Filing granted
2022-01-28 Case set for oral argument   Case set for oral argument
2022-01-28 Petition for Review granted
2022-01-28 Case set for oral argument   Case set for oral argument
2022-01-28 Petition for Review disposed Filing granted
2022-01-28 Petition for Review granted
2021-12-21 Supplement to Clerk's/Reporter's Record
2021-12-21 Clerk's Record
2021-12-17 Reply Brief  
2021-12-17 Reply Brief  
2021-12-14 Motion for Extension of Time disposed.   Filing granted
2021-12-13 Motion for Extension of Time to File Brief filed  
2021-11-17 Motion for Extension of Time to File Brief filed  
2021-11-17 Motion for Extension of Time disposed.   Filing granted
2021-11-09 Call received  
2021-11-08 Brief on the Merits (Respondent)  
2021-11-08 Brief on the Merits (Respondent)  
2021-10-04 Motion for Extension of Time to File Response  
2021-10-04 Motion for Extension of Time disposed.   Filing granted
2021-09-17 Brief on the Merits (Petitioner)  
2021-09-17 Brief on the Merits (Petitioner)  
2021-08-18 Motion for Extension of Time to File Brief filed  
2021-08-18 Motion for Extension of Time disposed.   Filing granted
2021-07-01 Motion for Extension of Time to File Brief filed  
2021-07-01 Motion for Extension of Time disposed.   Filing granted
2021-06-18 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between March 31, 2021 and June 18, 2021.  
2021-03-31 Amicus Curiae Brief received  
2021-03-03 Amicus Curiae Brief received  
2021-03-03 Reply to Response (Petitioner)  
2021-03-02 Reply to Response (Petitioner)  
2021-02-19 Motion to Extend Time to File Reply filed  
2021-02-19 MET to file reply disposed of   Filing granted
2021-02-08 Response to Petition (Respondent)  
2021-02-08 Response to Petition (Respondent)  
2021-01-08 Supreme Court of Texas Requested Response  
2021-01-04 Amicus Curiae Brief received  
2020-12-08 Case forwarded to Court
2020-12-08 Case forwarded to Court
2020-12-02 Response Waiver filed  
2020-11-02 Petition for Review (Petitioner)  
2020-10-02 Petition for Review (Petitioner)  
2020-09-25 Third Motion for Extension of Time to File Petition for Review disposed   Filing granted
2020-09-25 Third Motion for Extension of Time to File Petition for Review filed  
2020-08-31 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2020-08-29 Second Motion for Extension of Time to File Petition for Review filed  
2020-08-28 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2020-08-28 Second Motion for Extension of Time to File Petition for Review filed  
2020-07-29 Call received  
2020-07-24 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2020-07-24 Motion for Extension of Time to File Petition for Review #2 filed  
2020-07-23 Clerk's Record
2020-07-23 Supplement to Clerk's/Reporter's Record
2020-07-23 Motion for Extension of Time to File Petition for Review filed  
2020-07-23 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2020-07-23 Clerk's Record
2020-07-23 Court reporter/recorder's record
2020-07-23 Clerk's Record

Parties

Party Counsel Role
Hlavinka, Terrance J.
Mr. Clay M. Steely
Ms. Lauren Beck Harris
Petitioner
HSC Pipeline Partnership LLC
Ms. Harriet O'Neill
Ms. Nancy Hahn Elliott
Mr. Christopher B. Dove
Mr. David E. Keltner
Mr. John Jackson Smither
Mr. Thomas A. Zabel
Respondent
Tres Bayou Farms, LP
Mr. Clay M. Steely
Ms. Lauren Beck Harris
Petitioner
Terrance Hlavinka Cattle Company
Ms. Lauren Beck Harris
Mr. Clay M. Steely
Petitioner
Hlavinka, Kenneth
Ms. Lauren Beck Harris
Mr. Clay M. Steely
Petitioner

Amici Curiae

Amicus Curiae Counsel
Texas Oil & Gas Association
Hall, Kenneth Richard
Mr. Ernest Aliseda
Simper, Lloyd
Philip Joseph Hundl
American Fuel & Petrochemical Manufacturers
Mr. Cory Pomeroy
Texas Oil & Gas Association
Mr. Cory Pomeroy
Mr. Frederick D. Junkin
Liquid Energy Pipeline Association
Mr. Cory Pomeroy
American Petroleum Institute
Mr. Cory Pomeroy
Texas Civil Justice League
Mr. George Scott Christian
Texas Realtors
Ms. Laurellen Ratliff
South Texas Cotton and Grain Association
Mr. Zachary S. Brady
Ms. Laura A.W. Pratt
The South Texans' Property Rights Association
Ms. Laura A.W. Pratt
Mr. Zachary S. Brady
Texas Real Estate Advocacy & Defense Coalition (TREAD)
Mr. Luke Joseph Ellis
Mr. Zev Lipman-Heller Kusin
Mr. Justin Allen Hodge
Texas Forestry Association
Robert Payne
Mr. Joseph B.C. Fitzsimons
Texas Wildlife Association
Robert Payne
Mr. Joseph B.C. Fitzsimons
United Agricultural Cooperative, Inc.
Mr. Baldemar Garcia Jr.
Plains Cotton Cooperative Association
Mr. Baldemar Garcia Jr.
Capital Farm Credit, ACA
Mr. Baldemar Garcia Jr.
Texas Corn Producers Association
Mr. Baldemar Garcia Jr.
Texas Grain Sorghum Association
Mr. Baldemar Garcia Jr.
Texas Land & Mineral Owners Association
Ms. Blaire A. Knox
Mr. Nicholas P. Laurent
Texas Farm Bureau
Mr. James D. Bradbury
Ms. Courtney Cox Smith
Texas Pipeline Association
Mr. Connor Kilgallen
Ms. Marnie A. McCormick
Mr. James E. Mann
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