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No. 03-1111
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CITY OF MARSHALL AND TEXAS COMMISSION ON ENVIRONMENTAL QUALITY v. CITY OF UNCERTAIN, CADDO LAKE AREA CHAMBER OF COMMERCE AND TOURISM, GREATER CADDO LAKE ASSOCIATION, CADDO LAKE INSTITUTE, JOHN T. ECHOLS AND BARRY L. BENNICK

Oral argument was held on October 21, 2004. The Court issued an opinion resolving the case on June 9, 2006. It then denied rehearing on December 15, 2006 File Closed

Opinion

June 9, 2006

Oneill
Jefferson
Hecht
Wainwright
Brister
Medina
Green
Johnson
Willett

Justice O'Neill delivered the opinion of the Court PDF

 

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:AFF'D/REV'D/REN'D
COA Docket No.:03-03-00154-CV
Opinion Author:Honorable Mack Kidd

Trial Court

Trial Court:53rd District Court
County:Travis
Trial Judge:Honorable Suzanne Covington
Trial Docket:GN2-01217

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2007-01-22 Case Stored  
2006-12-27 Mandate issued  
2006-12-15 Motion for Rehearing - Disposed Denied
  This case was waiting for a decision about a pending motion for rehearing between August 15, 2006 and December 15, 2006.  
2006-08-15 Amicus Curiae Letter Received  
2006-08-15 Response to Motion for Rehearing (Respondent)  
2006-08-11 Response to Motion for Rehearing (Petitioner)  
2006-08-08 Description of document returned to Supreme Court  
2006-07-31 Supreme Court of Texas Requested Response  
2006-07-11 Case forwarded to Court
2006-07-11 Motion for Rehearing  
2006-06-29 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2006-06-26 Motion for Extension of Time to File Motion for Rehearing  
2006-06-09 Opinion issued   Issued
2006-06-09 Opinion issued Court of Appeals' judgment affirmed
2006-06-09 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between March 3, 2006 and June 9, 2006.  
2006-03-03 Address Change  
  This case was awaiting the Court's decision after oral argument between December 3, 2004 and March 3, 2006.  
2004-12-03 Document received (See Remarks)  
2004-12-03 Amicus Curiae Letter Received  
2004-12-03 Phone call from Clerk's Office  
2004-11-22 Response to Petition (Respondent)  
2004-11-05 Post submission brief filed (Petitioner)  
2004-10-21 Oral argument  
2004-10-21 Exhibits in case/cause filed (Respondent)  
2004-10-21 Oral argument  
2004-10-19 Amicus Curiae Brief received  
2004-10-19 Amicus Curiae Brief received  
2004-10-08 Miscellaneous motion disposed. See Remarks.   Filing granted
2004-10-06 Phone call from Clerk's Office  
2004-10-05 Amicus Curiae Brief received  
2004-09-29 Notice of Appearance  
2004-09-29 Miscellaneous Motion  
2004-08-17 Electronic copies of brief posted to website  
2004-07-23 Corrected Brief  
2004-07-22 Electronic copies of brief posted to website  
2004-07-22 Electronic copies of brief posted to website  
2004-07-22 Electronic copies of brief posted to website  
2004-07-22 Electronic copies of brief posted to website  
2004-07-22 Electronic copies of brief posted to website  
2004-07-22 Electronic copies of brief posted to website  
2004-07-02 Petition for Review granted
2004-07-02 Petition for Review disposed Filing granted
2004-07-02 Petition for Review disposed Filing granted
2004-07-02 Petition for Review granted
2004-07-02 Case set for oral argument   Case set for oral argument
2004-07-02 Case set for oral argument   Case set for oral argument
  This case was pending on merits briefs between May 12, 2004 and July 2, 2004.  
2004-05-12 Reply Brief (Petitioner)  
2004-05-07 Amicus Curiae Brief received  
2004-05-04 Reply Brief (Petitioner)  
2004-04-30 Amicus Curiae Brief received  
2004-04-27 Motion for Extension of Time disposed.   Filing granted
2004-04-27 Motion for Extension of Time to File Brief filed  
2004-04-19 Brief on the Merits (Respondent)  
2004-03-29 Brief on the Merits (Petitioner)  
2004-03-29 Brief on the Merits (Petitioner)  
2004-03-01 Record Received (See Remarks)  
2004-02-26 Brief on the Merits Requested  
2004-02-25 Record Requested in Petition for Review  
2004-01-15 Reply to Response  
2004-01-15 Reply to Response  
2004-01-06 Case forwarded to Court
2004-01-06 Case forwarded to Court
2003-12-31 Response to Petition (Respondent)  
2003-12-10 Appendix Filed  
2003-12-10 Petition for Review #2  
2003-12-01 Petition for Review (Petitioner)  
2003-12-01 Appendix Filed (Petitioner)  

Parties

Party Counsel Role
Caddo Lake Institute
Mr. Richard W. Lowerre
 Respondent
Echols, John T.
Mr. Richard W. Lowerre
 Respondent
City of Marshall
Ms. Martha S. Dickie
Mr. Martin C Rochelle
Mr. R. Lambeth Townsend
 Petitioner
Caddo Lake Area Chamber of Commerce and Tourism
Mr. Richard W. Lowerre
 Respondent
Greater Caddo Lake Association
Mr. Richard W. Lowerre
 Respondent
City of Uncertain
Mr. Craig T. Enoch
Mr. Richard W. Lowerre
 Respondent
Texas Commission on Environmental Quality
Ms. Karen Watson Kornell
Mr. Brian E. Berwick
Mr. George Thomas Bohl
Ms. Cynthia Woelk
Mr. Edward D. Burbach
Attorney General Greg W. Abbott
Mr. Barry Ross McBee
 Petitioner
Bennick, Barry L.
Mr. Tom Max Thomas II
Ms. Beth Ann Blackwood
Mr. Richard W. Lowerre
 Respondent

Amici Curiae

Amicus Curiae Counsel
Texas Irrigation Council
Mr. R. Glenn Jarvis
San Antonio Water System
Mr. Jonathan D. Pauerstein
The Coastal Conservation Association Texas
Mr. P. M. Schenkkan
Guadalupe-Blanco River Authority
Mr. David P. Blanke
Mr. Aric Kurtis Short
Ms. Molly Cagle
Mr. Roger P. Nevola
Booth, Frank R.
Mr. Frank R. Booth
Texas Water Conservation Association
Mr. Leroy Goodson
Texas Water Conservation Association
...
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