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No. 01-0362
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TARRANT REGIONAL WATER DISTRICT v. BILLY HARDEN GRAGG, AS INDEPENDENT EXECUTOR OF THE ESTATE OF O. L. GRAGG, DECEASED, ET AL.

Oral argument was held on October 16, 2002. The Court issued an opinion resolving the case on June 25, 2004. It then denied rehearing on January 14, 2005 File Closed

Opinion

June 25, 2004

Oneill
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Jefferson
Hecht
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Wainwright
Brister
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Opinion of the Court delivered by Justice O'Neill, joined by Chief Justice Phillips, Justice Hecht, Justice Owen, Justice Jefferson, Justice Schneider, Justice Wainwright, and Justice Brister PDF

 

Court of Appeals

Appellate District:10th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:10-98-00244-CV
Opinion Author:Honorable BILL VANCE

Trial Court

Trial Court:77th District Court
County:Freestone
Trial Judge:
Trial Docket:91-141-A

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2005-02-14 Case Stored  
2005-01-20 Mandate issued  
2005-01-14 Motion for Rehearing - Disposed Denied with Justice not sitting.
2005-01-13 Letter Filed  
2004-12-29 Surreply filed (Respondent)  
  This case was waiting for a decision about a pending motion for rehearing between October 12, 2004 and December 29, 2004.  
2004-10-12 Amicus Curiae Brief received  
2004-09-22 Document filed (see remarks)  
2004-09-22 Amicus Curiae Brief received  
2004-09-22 Document filed (see remarks)  
2004-09-22 Reply to Response (Petitioner)  
2004-09-03 Amicus Curiae Brief received  
2004-09-03 Response to Motion for Rehearing (Respondent)  
2004-08-10 Motion for Extension of Time disposed.   Filing granted
2004-08-10 Response to Motion filed  
2004-08-06 Motion for Extension of Time to File Response  
2004-07-27 Supreme Court of Texas Requested Response  
2004-07-23 Appendix Filed (Petitioner)  
2004-07-23 Motion for Rehearing  
2004-07-23 Case forwarded to Court
2004-07-07 Call received  
2004-07-02 Call received  
2004-07-02 Corrected Notice sent to all counsel  
2004-07-02 Phone call from Clerk's Office  
2004-06-30 Motion for Extension of Time to File Motion for Rehearing  
2004-06-30 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2004-06-25 Court approved judgment sent to attorneys of record Issued
2004-06-25 Opinion issued Court of Appeals' judgment affirmed
  This case was awaiting the Court's decision after oral argument between August 22, 2003 and June 25, 2004.  
2003-08-22 Notice of change of counsel  
2003-07-15 Amicus Curiae Brief received (Amicus Curiae)  
  This case was awaiting the Court's decision after oral argument between April 7, 2003 and July 15, 2003.  
2003-04-07 Reply to Response (Petitioner)  
2003-03-20 Response to Petition (Respondent)  
2003-03-12 Court reporter/recorder's record  
2003-03-03 Phone call from Clerk's Office  
2003-01-31 Post submission brief filed (Respondent)  
2003-01-30 Exhibits received  
2003-01-29 Phone call from Clerk's Office  
  This case was awaiting the Court's decision after oral argument between November 19, 2002 and January 29, 2003.  
2002-11-19 Amicus Curiae Brief received  
2002-11-04 Amicus Curiae Brief received  
2002-10-23 Call received  
2002-10-23 Phone call from Clerk's Office  
2002-10-16 Created for Data Conversion -- an event inserted to correspond to the submission date of a process  
2002-10-16 Created for Data Conversion -- an event inserted to correspond to the submitted date of a process  
2002-10-16 Oral argument  
2002-10-15 Exhibits in case/cause filed (Petitioner)  
  This case was waiting for oral argument between June 25, 2002 and October 15, 2002.  
2002-06-25 Electronic copies of brief posted to website  
2002-06-18 Electronic copies of brief posted to website  
2002-06-18 Electronic copies of brief posted to website  
2002-06-13 Motion for Rehearing - Disposed   Filing granted
2002-06-13 Set for Submission  
2002-06-13 Previous Order of the Court withdrawn  
2002-06-13 Amount of time allotted for oral argument.  
2002-06-13 Petition for Review disposed   Filing granted
2002-06-13 Petition for Review disposed   Filing granted
2002-06-13 Motion for Rehearing - Disposed   Filing granted
2002-06-03 Response to Petition (Petitioner)  
2002-05-22 Reply to Response (Respondent)  
2002-05-22 Letter Filed  
2002-05-21 Amicus Curiae Brief received  
2002-05-20 Response to Petition (Respondent)  
2002-05-09 Reply to Response (Petitioner)  
2002-05-01 Amicus Curiae Brief received  
2002-04-29 Letter Filed  
2002-04-25 Response to Petition (Respondent)  
2002-04-22 Response to Motion for Rehearing (Respondent)  
2002-04-22 Response to Petition (Respondent)  
2002-04-22 Notice from Counsel of a change in address  
2002-04-05 Response to petition, motion, etc. due  
2002-04-05 Motion for Extension of Time disposed.   Filing granted
2002-04-01 Amicus Curiae Brief received  
2002-03-27 Motion for Extension of Time to File Response  
2002-03-19 Supreme Court of Texas Requested Response  
2002-03-06 Amicus Curiae Brief received  
2002-02-15 Motion for Rehearing forwarded  
2002-02-15 Motion for Rehearing  
2002-01-31 Petition for Review disposed Denied
2002-01-25 Amicus Curiae Brief received  
2002-01-18 Amicus Curiae Brief received  
2002-01-17 Amicus Curiae Brief received  
2002-01-10 Response to Petition (Respondent)  
2002-01-07 Motion for leave to file brief disposed   Filing granted
2002-01-03 Response to Petition (Respondent)  
2001-12-31 Amicus Curiae Brief received  
2001-12-20 Reply Brief (Petitioner)  
2001-12-18 Motion for Leave to File Amended Brief filed  
2001-12-18 Amended Brief filed (Respondent)  
2001-12-10 Motion for Extension of Time disposed.   Form Letter sent in response to motion for extension of time
2001-12-07 Motion for Extension of Time to File Brief filed  
2001-11-28 Brief on the Merits (Respondent)  
2001-11-07 Motion for Extension of Time disposed.   Filing granted
2001-11-05 Motion for Extension of Time to File Brief filed  
2001-10-18 Amicus Curiae Brief received  
2001-10-09 Motion for Extension of Time disposed.   Filing granted
2001-10-08 Motion for Extension of Time to File Brief filed  
2001-09-24 Brief on the Merits (Petitioner)  
2001-09-20 Record Received (See Remarks)  
2001-08-24 Record Requested in Petition for Review  
2001-08-24 Brief on the Merits Requested  
2001-08-06 Reply to Response (Petitioner)  
2001-07-23 Response to Petition (Respondent)  
2001-07-19 Amicus Curiae Brief received  
2001-06-21 Motion for Extension of Time to File Response disposed   Filing granted
2001-06-21 Response to petition, motion, etc. due  
2001-06-20 Motion for Extension of Time to File Response  
2001-05-29 Supreme Court of Texas Requested Response  
2001-05-22 Case forwarded to Court
2001-05-17 Response Waiver filed  
2001-04-30 Petition for Review (Petitioner)  
2001-04-30 Appendix Filed (Petitioner)  

Parties

Party Counsel Role
EUGENE SCHWERTNER
Chief Justice John L. Hill
Mr. John L. Hill Jr.
Mr. R. Matt Dawson
Respondent
GRAGG LAND & CATTLE CO., LTD.
Mr. Mike A. Hatchell
Respondent
TARRANT REGIONAL WATER DISTRICT
Mr. Richard Anthony Fordyce
Mr. Hal R. Ray Jr.
Mr. Marc O. Knisely
Mr. Shannon H. Ratliff
Mr. George F. Christie
Mr. Milton Reed Jackson
Mr. Stan Harrell
Petitioner
PRIEST, MARY ROBERTSON
Mr. E. Lee Parsley
Respondent
SCHWERTNER PRIEST PARTNERSHIP
Ms. Molly H. Hatchell
Mr. Mike A. Hatchell
Respondent
THE ESTATE OF O. L. GRAGG
Mr. Clay Beard
Respondent
PRIEST, ESTATE OF RONALD REGIN
Mr. Warren W. Harris
Hon. Eugene A. Cook
Respondent
GRAGG, BILLY HARDEN
Mr. Raul A. Gonzalez
Mr. Ron Edmondson
Mr. Micah C. Haden
Mr. William Jason Sodd
Mr. Richard Neal Green
Ms. Jody Sodd McSpadden
Mr. Glenn A. Sodd
Respondent

Amici Curiae

Amicus Curiae Counsel
City of Dallas, Texas
Ms. Denise A. Driskell
TEXAS COMMISSIONER OF AGRICULT
Mr. Hodgson Eckel
Ms. Susan Combs
Ms. Kathryn Ann Reed
TEXAS DEPARTMENT OF AGRICULTUR
Mr. Christain W. Kadas
TEXAS WATER CONSERVATION ASSOI
Mr. James H. Routh Jr.
THE CANADIAN RIVER MUNICIPAL W
Mr. Douglas G. Caroom
THE CITY OF HOUSTON
Ms. Cora Z. Garcia
TRANS TEXAS HERITAGE ASSOCIATI
Mr. J.B. Love Jr.
TRINITY RIVER AUTHORITY OF TEX
Mr. Frank R. Booth
The Brazos River Authority, et al.
Ms. Susan M. Maxwell
Texas Water Conservation Association
Mr. Charles W. Goehringer Jr.
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