Opinions

Supplemental Opinion on Motion for RehearingView Electronic Briefs | Oral Argument PDF

Justice Busby delivered the opinion of the Court, in which Chief Justice Hecht, Justice Guzman, Justice Lehrmann, and Justice Boyd joined, and in which Justice Devine, Justice Blacklock, Justice Bland, and Justice Huddle joined as to Part II. PDF

Justice Bland delivered a concurring opinion, in which Justice Devine, Justice Blacklock, and Justice Huddle joined.View Electronic Briefs | Oral Argument PDF

Court of Appeals

Appellate District:	1st Court of Appeals
Outcome Below:	Affirmed
COA Docket No.:	01-18-00237-CV
Opinion Author:	Honorable Evelyn Keyes

Trial Court

Trial Court:	County Civil Court at Law No 1
County:	Harris
Trial Judge:	Honorable George Barnstone
Trial Docket:	1043863

Date	Event	Outcome
2021-10-08	Motion for Rehearing - Disposed	Denied
2021-10-08	Supplemental Opinion
	This case was waiting for a decision about a pending motion for rehearing between June 21, 2021 and October 8, 2021.
2021-06-21	Case forwarded to Court
2021-06-21	Motion for Rehearing
2021-06-04	Court approved judgment sent to attorneys of record	Issued
2021-06-04	Opinion issued	Court of appeals' judgment affirmed
2021-06-04	Concurring Opinion issued.	Issued
	This case was awaiting the Court's decision after oral argument between January 5, 2021 and June 4, 2021.
2021-01-05	Oral argument
2021-01-04	Call received
2021-01-04	Amicus Curiae Brief received
2021-01-04	Amicus Curiae Brief received
2021-01-04	Exhibits in case/cause filed (Respondent)
2021-01-04	Call received
2020-12-30	Submission Schedule
2020-12-22	Amicus Curiae Brief received
2020-12-10	Oral Argument Submission Form from Attorney received
2020-12-10	Oral Argument Submission Form from Attorney received
2020-12-09	Letter sent to parties from Supreme Court - See Remarks
2020-12-09	Oral Argument Submission Form from Attorney received
2020-12-09	Oral Argument Submission Form from Attorney received
2020-12-04	Motion to Argue disposed	Filing granted
2020-11-16	Electronic communication received from Party
2020-11-13	Motion to Argue filed
2020-11-13	Motion to Argue disposed	Filing granted
2020-11-13	Electronic communication sent to Party
2020-11-03	Electronic communication sent to Party
2020-11-03	Response to Motion filed
2020-11-02	Motion to Argue filed
2020-10-02	Petition for Review disposed	Filing granted
2020-10-02	Petition for Review granted
2020-10-02	Case set for oral argument	Case set for oral argument
2020-09-09	Motion for Extension of Time disposed.	Filing granted
2020-09-08	Reply Brief (Petitioner)
2020-09-04	Motion for Extension of Time to File Brief filed
2020-09-03	Call received
2020-08-18	Motion for Extension of Time disposed.	Filing granted
2020-08-17	Motion for Extension of Time to File Brief filed
2020-08-06	Amicus Curiae Brief received
2020-08-03	Brief on the Merits (Respondent)
2020-07-01	Motion for Extension of Time disposed.	Filing granted
2020-07-01	Motion for Extension of Time to File Brief filed
2020-06-29	Amicus Curiae Brief received (Amicus Curiae)
2020-06-15	Brief on the Merits (Petitioner)
2020-06-13	Brief on the Merits (Petitioner)
2020-05-13	Motion for Extension of Time disposed.	Filing granted
2020-05-12	Motion for Extension of Time to File Brief filed
2020-04-10	Motion for Extension of Time to File Brief filed
2020-04-10	Motion for Extension of Time disposed.	Filing granted
2020-03-13	Brief on the Merits Requested
2020-02-25	Reply to Response (Petitioner)
2020-02-10	Response to Petition (Respondent)
2020-01-10	Supreme Court of Texas Requested Response
2019-12-30	Amicus Curiae Brief received
2019-12-03	Case forwarded to Court
2019-11-26	Response Waiver filed
2019-11-19	Call received
2019-11-19	Phone call from Clerk's Office
2019-11-14	Phone call from Clerk's Office
2019-11-08	Petition for Review (Petitioner)
2019-10-09	Third Motion for Extension of Time to File Petition for Review disposed	Filing granted
2019-10-09	Third Motion for Extension of Time to File Petition for Review filed
2019-09-10	Second Motion for Extension of Time to File Petition for Review disposed	Filing granted
2019-09-09	Second Motion for Extension of Time to File Petition for Review filed
2019-08-12	Court reporter/recorder's record
2019-08-12	Clerk's Record
2019-08-12	Motion for Extension of Time to File Petition for Review disposed	Filing granted
2019-08-09	Motion for Extension of Time to File Petition for Review filed

Party	Counsel	Role
City of Houston, Texas	Ms. Collyn A. Peddie Mr. Brian Anthony Amis	Respondent
Paul Luccia	Mr. Matthew Joseph Festa	Petitioner
Kathleen Powell	Mr. Matthew Joseph Festa	Petitioner

Amicus Curiae	Counsel
Scenic Organizations	Cooke Kelsey
Institute for Justice	Mr. Arif Panju
Land Developers	 
Texas Freedom Caucus	Mikael Garcia
State of Texas	Ms. Lanora Pettit Mr. Kyle D. Hawkins Mr. Ryan Lee Bangert The Honorable Warren Kenneth Paxton Ms. Bethany Spare Mr. Jeffrey C. Mateer
Preservation Austin	Ms. Sara C. Bronin
Bronin, Sara	Ms. Sara C. Bronin
Historic Fort Worth Inc.	Ms. Sara C. Bronin
Preservation Dallas	Ms. Sara C. Bronin
Preservation Action	Ms. Sara C. Bronin
The Trost Society	Ms. Sara C. Bronin
Fox, Sarah	Ms. Sara C. Bronin
The National Alliance of Preservation Commissions	Ms. Sara C. Bronin
Preservation Texas, Inc.	Ms. Sara C. Bronin
Alexander, Lisa T.	Ms. Sara C. Bronin
The San Antonio Conservation Society	Ms. Sara C. Bronin
Byrne, J. Peter	Ms. Sara C. Bronin
Rowberry, Ryan M.	Ms. Sara C. Bronin
Zale, Kellen	Ms. Sara C. Bronin
Davidson, Nestor M.	Ms. Sara C. Bronin
The Astrodome Conservancy	Ms. Sara C. Bronin
Greater Houston Preservation Alliance, Inc., dba Preservation Houston	Ms. Sara C. Bronin
The National Trust for Historic Preservation in the United States	Ms. Sara C. Bronin
Foster, Sheila	Ms. Sara C. Bronin
Texas Public Policy Foundation	Mr. Chance Dean Weldon Shelby Sterling Mr. Robert Earl Henneke