Supreme Court of Texas Blog

No. 17-0850
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KMS RETAIL ROWLETT, LP F/K/A KMS RETAIL HUNTSVILLE, LP v. CITY OF ROWLETT, TEXAS

A petition was filed on October 16, 2017. Oral argument was held on October 31, 2018. The Court issued an opinion resolving the case on May 17, 2019. A motion for rehearing was filed and has now been pending since June 17, 2019.

Opinions

May 17, 2019

Brown
Hecht
Green
Guzman
Devine
Busby

Justice Brown delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Devine, and Justice Busby joined. PDF

Blacklock
Lehrmann
Boyd

Justice Blacklock delivered a dissenting opinion, in which Justice Lehrmann and Justice Boyd joined.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:05-16-00402-CV
Opinion Author:Honorable David W. Evans

Trial Court

Trial Court:County Court at Law No 4
County:Dallas
Trial Judge:Honorable William Ken Tapscott
Trial Docket:CC-15-01323-D

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2019-06-19 Response Waiver filed  
2019-06-17 Motion for Rehearing  
2019-06-17 Case forwarded to Court
2019-06-06 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2019-06-06 Motion for Extension of Time to File Motion for Rehearing  
2019-05-17 Opinion issued   Court of appeals' judgment affirmed
2019-05-17 Dissenting opinion issued.   Issued
2019-05-17 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between October 31, 2018 and May 17, 2019.  
2018-10-31 Oral argument  
2018-10-26 Submission Schedule  
2018-10-11 Amicus Curiae Brief received  
2018-08-28 Amicus Curiae Letter Received  
2018-07-19 Oral Argument Submission Form from Attorney received  
2018-07-02 Oral Argument Submission Form from Attorney received  
2018-06-29 Case set for oral argument   Case set for oral argument
2018-06-08 Petition for Review disposed   Filing granted
2018-06-08 Petition for Review granted
  This case was pending on merits briefs between April 17, 2018 and June 8, 2018.  
2018-04-17 Reply Brief (Petitioner)  
2018-04-02 Brief on the Merits (Respondent)  
2018-03-15 Electronic communication received from Party  
2018-03-15 Pro hac vice motion disposed   Filing granted
2018-03-15 Electronic communication sent to Party  
2018-03-15 Pro hac vice motion disposed   Filing granted
2018-03-15 Pro hac vice motion disposed   Filing granted
2018-03-15 Pro hac vice motion disposed   Filing granted
2018-03-13 Pro hac vice motion filed  
2018-03-13 Pro hac vice motion filed  
2018-03-13 Pro hac vice motion filed  
2018-03-13 Pro hac vice motion filed  
2018-03-12 Brief on the Merits (Petitioner)  
2018-03-09 Amicus Curiae Brief received  
2018-03-09 Phone call from Clerk's Office  
2018-02-16 Case Record Filed  
2018-02-07 Motion for Extension of Time disposed.   Filing granted
2018-02-07 Motion for Extension of Time to File Brief filed  
2018-01-29 Record Requested in Petition for Review  
2018-01-26 Brief on the Merits Requested  
2018-01-10 Notice from attorney regarding vacation dates  
2017-11-21 Call received  
2017-11-21 Case forwarded to Court
2017-11-21 Amicus Curiae Brief received  
2017-11-17 Amicus Curiae Brief received  
2017-11-15 Response to Petition (Respondent)  
2017-11-06 Amicus Curiae Brief received  
2017-10-16 Petition for Review (Petitioner)  

Parties

Party Counsel Role
KMS Retail Rowlett, LP f/k/a KMS Retail Huntsville, LP
Mr. Arthur J. Anderson
Petitioner
The City of Rowlett, Texas
Mr. David M. Berman
Respondent

Amici Curiae

Amicus Curiae Counsel
State of Texas
Mr. Kyle D. Hawkins
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Jeffrey C. Mateer
Mr. Ari Cuenin
Texas Municipal League
Mr. Scott Houston
Peacock, III, William
Mr. Robert Earl Henneke
Texas Public Policy Foundation
Mr. Robert Earl Henneke
Texas Farm Bureau
Ms. Courtney Cox Smith
Mr. James D. Bradbury
Institute for Justice
Ms. Dana Berliner
Mr. Jeffrey H. Redfern
Mr. Arif Panju
Texas Association of Builders
Mr. Manuel (Ned) Munoz, Jr.
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