Supreme Court of Texas Blog

No. 23-0474
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THE COMMONS OF LAKE HOUSTON, LTD. v. CITY OF HOUSTON, TEXAS

Oral argument was held on October 31, 2024. The Court issued an opinion resolving the case on March 21, 2025. It then denied rehearing on May 30, 2025 File Closed

Opinion

March 21, 2025

Boyd
Lehrmann
Devine
Blacklock
Busby
Bland
Huddle
Young
Sullivan

Justice Boyd delivered the opinion of the Court.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Reverse & Render
COA Docket No.:01-21-00369-CV
Opinion Author:Honorable Amparo Monique Guerra

Trial Court

Trial Court:County Civil Court at Law No 4
County:Harris
Trial Judge:Honorable John T. Wooldridge
Trial Docket:1161960

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2025-05-30 Motion for Rehearing - Disposed Denied
  This case was waiting for a decision about a pending motion for rehearing between April 8, 2025 and May 30, 2025.  
2025-04-08 Case forwarded to Court
2025-04-04 Motion for Rehearing  
2025-03-21 Court approved judgment sent to attorneys of record Issued
2025-03-21 Motion to strike disposed   Denied
2025-03-21 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
  This case was awaiting the Court's decision after oral argument between December 3, 2024 and March 21, 2025.  
2024-12-03 Motion to Strike filed  
2024-12-03 Response to Motion filed  
2024-11-20 Post submission brief filed (Respondent)  
2024-10-31 Oral argument  
2024-10-29 Exhibits in case/cause filed (Respondent)  
2024-10-17 Oral Argument Submission Form from Attorney received  
2024-10-17 Oral Argument Submission Form from Attorney received  
2024-08-30 Petition for Review granted
2024-08-30 Petition for Review disposed Filing granted
2024-08-30 Case set for oral argument   Case set for oral argument
  This case was pending on merits briefs between June 12, 2024 and August 30, 2024.  
2024-06-12 Amicus Curiae Brief received  
2024-06-12 Brief on the Merits (Petitioner)  
2024-06-06 Call received  
2024-05-28 Brief on the Merits (Respondent)  
2024-05-14 Motion for Extension of Time to File Brief filed  
2024-05-14 Motion for Extension of Time disposed.   Filing granted
2024-04-17 Motion for Extension of Time to File Brief filed  
2024-04-17 Motion for Extension of Time disposed.   Filing granted
2024-03-27 Brief on the Merits (Petitioner)  
2024-02-16 Motion for Extension of Time to File Brief filed  
2024-02-16 Motion for Extension of Time disposed.   Filing granted
2024-01-26 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between November 13, 2023 and January 26, 2024.  
2023-11-13 Response to Petition (Respondent)  
2023-10-26 Motion for Extension of Time to File Response  
2023-10-26 Motion for Extension of Time to File Response disposed   Filing granted
2023-09-29 Supreme Court of Texas Requested Response  
2023-08-29 Case forwarded to Court
2023-08-23 Amicus Curiae Brief received  
2023-08-18 Pro hac vice motion filed  
2023-08-18 Pro hac vice motion disposed   Filing granted
2023-08-18 Pro hac vice motion disposed   Filing granted
2023-08-17 Pro hac vice motion filed  
2023-07-24 Petition for Review (Petitioner)  
2023-06-23 Court reporter/recorder's record
2023-06-23 Clerk's Record
2023-06-23 Court reporter/recorder's record
2023-06-23 Clerk's Record
2023-06-23 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2023-06-23 Clerk's Record
2023-06-23 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
The Commons of Lake Houston LTD
Mr. Charles B. McFarland
Ms. Marie D. Harlan
Petitioner
City of Houston, Texas
Ms. Lori Yount
Ms. Patricia L. Casey
Ms. Collyn A. Peddie
Respondent

Amicus Curiae

Amicus Curiae Counsel
Pacific Legal Foundation & Institute For Justice
Mr. John Clinton Schumacher
Jonathan M. Houghton
 
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