Supreme Court of Texas Blog

No. 23-0365
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EIS DEVELOPMENT II, LLC v. BUENA VISTA AREA ASSOCIATION, LANCE W. HALL AND HEATHER R. HALL, JASON PAUL SMITHEY, DAVID W. MOLENGRAAF AND KIMBERLEY K. MOLENGRAAF, ALEXANDER E.W.J. SCHINDLER AND ANGELA R. SCHINDLER, AS INDIVIDUALS

Oral argument was held on October 2, 2024. The Court issued an opinion resolving the case on June 13, 2025. File Closed

Opinions

June 13, 2025

Busby
Lehrmann
Boyd
Devine
Blacklock
Bland
Huddle
Young
Sullivan

Justice Busby delivered the opinion of the Court, in which Justice Boyd, Justice Devine, Justice Bland, and Justice Sullivan joined, in which Chief Justice Blacklock joined as to Part I, and in which Justice Lehrmann, Justice Huddle, and Justice Young joined as to Parts II, III, and IV. PDF

Lehrmann
Huddle
Young

Justice Lehrmann filed an opinion dissenting in part, in which Justice Huddle and Justice Young joined.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

Appellate District:8th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:08-22-00006-CV
Opinion Author:Honorable Yvonne Rodriguez

Trial Court

Trial Court:40th District Court
County:Ellis
Trial Judge:Honorable Bob Carroll
Trial Docket:104809

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2025-07-24 Mandate issued  
2025-06-13 Opinion issued   Court of Appeals' judgment reversed in part, rendered in part, and remanded to trial court
2025-06-13 Dissenting opinion issued.   Issued
2025-06-13 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between October 2, 2024 and June 13, 2025.  
2024-10-02 Oral argument  
2024-09-27 Letter sent to parties from Supreme Court - See Remarks  
2024-09-13 Oral Argument Submission Form from Attorney received  
2024-08-28 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between June 28, 2024 and August 28, 2024.  
2024-06-28 Case set for oral argument   Case set for oral argument
2024-05-31 Petition for Review granted
2024-05-31 Petition for Review disposed   Filing granted
2024-05-31 Notice from attorney regarding vacation dates  
  This case was pending on merits briefs between February 20, 2024 and May 31, 2024.  
2024-02-20 Reply Brief (Petitioner)  
2024-01-23 Motion for Extension of Time to File Brief filed  
2024-01-23 Motion for Extension of Time disposed.   Filing granted
2024-01-18 Brief on the Merits (Respondent)  
2023-12-11 Motion for Extension of Time disposed.   Filing granted
2023-12-11 Motion for Extension of Time to File Brief filed  
2023-11-29 Brief on the Merits (Petitioner)  
2023-10-26 Motion for Extension of Time to File Brief filed  
2023-10-26 Motion for Extension of Time disposed.   Filing granted
2023-09-29 Brief on the Merits Requested  
2023-09-11 Reply to Response to Petition filed (Petitioner)  
2023-09-11 Motion to Extend Time to File Reply filed  
2023-09-11 MET to file reply disposed of   Filing granted
2023-08-22 Response to Petition (Respondent)  
2023-07-14 Motion for Extension of Time to File Response disposed   Filing granted
2023-07-13 Motion for Extension of Time to File Response  
2023-06-23 Supreme Court of Texas Requested Response  
2023-06-05 Notice from attorney regarding vacation dates  
2023-05-23 Case forwarded to Court
2023-05-22 Response Waiver filed  
2023-05-18 Supplement to Clerk's/Reporter's Record
2023-05-18 Supplement to Clerk's/Reporter's Record
2023-05-18 Court reporter/recorder's record
2023-05-18 Supplement to Clerk's/Reporter's Record
2023-05-18 Clerk's Record
2023-05-18 Petition for Review (Petitioner)  
2023-05-18 Supplement to Clerk's/Reporter's Record

Parties

Party Counsel Role
Molengraaf, David W.
Mr. David Lance Currie
Respondent
Schindler, Angela R.
Mr. David Lance Currie
Respondent
EIS Development II, LLC
Mr. Lance E. Caughfield
Mr. Anthony A. Petrocchi
Mr. James P. Moon
Petitioner
Hall, Heather R.
Mr. David Lance Currie
Respondent
Buena Vista Area Association
Mr. Brent Rubin
Mr. David Lance Currie
Respondent
Schindler, Alexander E.W.J.
Mr. David Lance Currie
Respondent
Molengraaf, Kimberley K.
Mr. David Lance Currie
Respondent
Hall, Lance W.
Mr. David Lance Currie
Respondent
Smithey, Jason Paul
Mr. Brent Rubin
Mr. David Lance Currie
Respondent
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