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No. 03-0041
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TEXAS DEPARTMENT OF TRANSPORTATION, MICHAEL W. BEHRENS, ROBERT L. NICHOLS, JOHN W. JOHNSON AND RIC WILLIAMSON v. CITY OF SUNSET VALLEY, TERRANCE R. COWAN, AND DONALD HURWITZ

Oral argument was held on February 4, 2004. The Court issued an opinion resolving the case on September 24, 2004. File Closed

Opinion

September 24, 2004

Oneill

Justice O'Neill delivered the opinion of the Court PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:REV'D/REN'D/AFF'D
COA Docket No.:03-00-00744-CV
Opinion Author:Honorable MARILYN ABOUSSIE

Trial Court

Trial Court:353rd District Court
County:Travis
Trial Judge:Honorable Suzanne Covington
Trial Docket:98-05052

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2004-11-23 Case Stored  
2004-11-16 Mandate issued  
  This case was waiting for a possible rehearing motion between September 24, 2004 and November 16, 2004.  
2004-09-24 Court approved judgment sent to attorneys of record Issued
2004-09-24 Opinion issued   Court of Appeals' judgment reversed & judgment rendered
2004-09-24 Opinion issued Court of Appeals' judgment reversed & judgment rendered
  This case was awaiting the Court's decision after oral argument between March 2, 2004 and September 24, 2004.  
2004-03-02 Post submission brief filed (Petitioner)  
2004-02-09 Amicus Curiae Letter Received  
2004-02-04 Oral argument  
2004-02-04 Oral argument  
2004-02-03 Phone call from Clerk's Office  
2004-02-03 Miscellaneous motion disposed. See Remarks.   Filing granted
2004-02-03 Supplement to Motion filed  
2004-02-02 Letter Filed (Petitioner)  
2004-01-30 Miscellaneous motion filed. (Petitioner)  
2004-01-30 Call received (Respondent)  
2004-01-28 Call received (Respondent)  
2004-01-26 Electronic copies of brief posted to website (Respondent)  
2003-12-22 Electronic copies of brief posted to website (Respondent)  
2003-12-22 Electronic copies of brief posted to website (Petitioner)  
2003-12-22 Electronic copies of brief posted to website (Petitioner)  
2003-12-22 Electronic copies of brief posted to website (Petitioner)  
2003-12-22 Electronic copies of brief posted to website (Respondent)  
2003-12-22 Electronic copies of brief posted to website (Petitioner)  
2003-12-12 Petition for Review granted   Case set for oral argument
2003-12-12 Set for Submission  
2003-12-12 Petition for Review disposed   Filing granted
2003-12-12 Petition for Review granted Case set for oral argument
2003-12-12 Set for Submission
2003-12-12 Petition for Review disposed   Filing granted
2003-10-31 Reply brief filed (Petitioner)  
2003-10-31 Reply brief filed (Respondent)  
2003-10-16 Brief filed (Respondent)  
2003-10-16 Brief filed (Respondent)  
2003-09-16 Brief filed (Respondent)  
2003-09-12 Motion for Extension of Time disposed.   Filing granted
2003-09-11 Motion for extension of time to file brief. (Joint motion filed)  
2003-08-27 Brief filed (Petitioner)  
2003-08-27 Brief filed (Petitioner)  
2003-07-28 Waiver of Brief on the Merits (Respondent)  
2003-07-16 Motion for Extension of Time disposed.   Filing granted
2003-07-15 Motion for extension of time to file brief. (Petitioner)  
2003-06-17 Motion for Extension of Time disposed.   Filing granted
2003-06-16 Motion for extension of time to file brief. (Petitioner)  
2003-06-11 Record Received (See Remarks)  
2003-06-10 Record Requested in Petition for Review  
2003-06-06 Brief on the Merits Requested  
2003-06-05 motion to recuse disposed   Denied
2003-05-22 Notice requesting filing fee  
2003-05-22 Motion to recuse (Respondent)  
2003-05-06 Reply filed (Petitioner)  
2003-04-22 Case forwarded to Court
2003-04-21 Response to Petition for Review filed (Respondent)  
2003-04-21 Response to Petition for Review filed (Respondent)  
2003-04-21 Response to Petition for Review filed (Respondent)  
2003-04-03 Motion for Extension of Time to File Response disposed   Filing granted
2003-04-02 Motion for Extension of Time to File Response (Joint motion filed)  
2003-03-07 No description available. (Petitioner)  
2003-03-07 Appendix Filed (Petitioner)  
2003-03-07 Appendix Filed (Petitioner)  
2003-03-07 Petition for Review filed (Petitioner)  
2003-03-07 Petition for Review filed (Petitioner)  
2003-02-19 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2003-02-18 Second Motion for Extension of Time to File Petition for Review filed (Joint motion filed)  
2003-02-18 Second Motion for Extension of Time to File Petition for Review filed (Petitioner)  
2003-01-22 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2003-01-21 Motion for Extension of Time to File Petition for Review filed (Petitioner)  
2003-01-15 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2003-01-14 Motion for Extension of Time to File Petition for Review filed (Petitioner)  

Parties

Party Counsel Role
NICHOLS, ROBERT L.
Mr. Jeffrey S. Boyd
Petitioner
BEHRENS, MICHAEL W.
Mr. Edward D. Burbach
Mr. Barry Ross McBee
Petitioner
Johnson, John W.
Mr. Philip A. Lionberger
Petitioner
CITY OF SUNSET VALLEY
Mr. W. Thomas Buckle
Mr. Brad Rockwell
Mr. Douglas C. Young
Ms. Jessica Scott
Respondent
TEXAS DEPARTMENT OF TRANSPORTA
Attorney General Greg W. Abbott
Ms. Ronda Leigh Neff
Mr. William Richard Thompson II
Ms. Kristina Weber Silcocks
Mr. Rafael Edward Cruz
Mr. John Stephen Toland
Mr. Rance L. Craft
Petitioner
COWAN, TERRANCE R.
Mr. Douglas C. Young
Sheri Joy Nasya Tolliver
Respondent
WILLIAMSON, RIC
Ms. Idolina Garcia
Petitioner
HURWITZ, DONALD
Mr. James C. Harrington
Respondent

Amicus Curiae

Amicus Curiae Counsel
Texas Civil Rights Project
Mr. James C. Harrington
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