Supreme Court of Texas Blog

No. 23-0767
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SHANA ELLIOTT AND LAWRENCE KALKE v. CITY OF COLLEGE STATION, TEXAS; KARL MOONEY, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF COLLEGE STATION; AND BRYAN WOODS, IN HIS OFFICIAL CAPACITY AS THE CITY MANAGER OF THE CITY OF COLLEGE STATION

Oral argument was held on January 15, 2025. The Court issued an opinion resolving the case on May 9, 2025. File Closed

Opinions

May 9, 2025

Devine
Lehrmann
Boyd
Blacklock
Busby
Bland
Huddle
Young

Justice Devine delivered the opinion of the Court, in which Chief Justice Blacklock, Justice Lehrmann, Justice Boyd, Justice Busby, Justice Bland, Justice Huddle, and Justice Young joined. PDF

Sullivan

Justice Sullivan filed an opinion concurring in part and dissenting in part.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

Appellate District:6th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:06-22-00078-CV
Opinion Author:Honorable Daymon Jeffrey Rambin

Trial Court

Trial Court:85th District Court
County:Brazos
Trial Judge:Honorable Kyle Hawthorne
Trial Docket:22-001122-CV-85

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2025-08-26 Mandate issued  
  This case was waiting for a possible rehearing motion between June 26, 2025 and August 26, 2025.  
2025-06-26 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2025-06-23 Motion for Extension of Time to File Motion for Rehearing  
2025-05-23 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2025-05-22 Motion for Extension of Time to File Motion for Rehearing  
2025-05-09 Concurring and Dissenting Opinion delivered   Issued
2025-05-09 Opinion issued   Court of Appeals' judgment vacted; remanded to trial court
2025-05-09 Court approved judgment sent to attorneys of record Issued
2025-03-21 Amicus Curiae Brief received  
2025-03-20 Amicus Curiae Brief received  
2025-03-05 Motion for Extension of Time disposed.   Filing granted
2025-03-03 Motion for Extension of Time to File Brief filed  
2025-01-30 Motion for Extension of Time disposed.   Filing granted
2025-01-29 Motion for Extension of Time to File Brief filed  
2025-01-17 Solicitor general invited to file brief  
2025-01-15 Oral argument  
2025-01-13 Letter Filed  
2024-12-30 Oral Argument Submission Form from Attorney received  
2024-11-15 Oral Argument Submission Form from Attorney received  
2024-10-18 Petition for Review disposed Filing granted
2024-10-18 Case set for oral argument   Case set for oral argument
2024-10-18 Petition for Review granted
2024-09-27 Supplemental Letter Brief (Respondent)  
2024-09-27 Letter Filed  
2024-09-27 Amicus Curiae Letter Received  
2024-09-06 Call received  
2024-08-30 Supreme Court requests parties to file additonal briefs  
2024-08-28 Amicus Curiae Brief received  
2024-08-21 Amicus Curiae Brief received  
2024-07-31 Amicus Curiae Brief received  
  This case was pending on merits briefs between June 4, 2024 and July 31, 2024.  
2024-06-04 Reply Brief (Petitioner)  
2024-05-20 Brief on the Merits (Respondent)  
2024-04-26 Motion for Extension of Time disposed.   Filing granted
2024-04-25 Motion for Extension of Time to File Brief filed  
2024-04-08 Brief on the Merits (Petitioner)  
2024-03-08 Brief on the Merits Requested  
2024-02-15 Reply to Response to Petition filed (Petitioner)  
2024-01-31 Response to Petition (Respondent)  
2023-12-27 Motion for Extension of Time to File Response disposed   Filing granted
2023-12-27 Motion for Extension of Time to File Response  
2023-12-01 Supreme Court of Texas Requested Response  
2023-10-24 Case forwarded to Court
2023-10-19 Response Waiver filed  
2023-09-20 Clerk's Record
2023-09-20 Court reporter/recorder's record
2023-09-20 Petition for Review (Petitioner)  

Parties

Party Counsel Role
Office Of The Attorney General
Mr. Aaron Lloyd Nielson
Mr. Rance L. Craft
Other Interested Party
Elliott, Shana
Mr. Chance D. Weldon
Mr. Robert E. Henneke
Christian Townsend
Petitioner
Bryan Woods, City Manager of the City of College Station
Adam C. Falco
Ms. Allison S. Killian
Mr. John J. Hightower
Respondent
City of College Station, Texas
Ms. Allison S. Killian
Mr. John J. Hightower
Adam C. Falco
Respondent
Karl Mooney, Mayor of the City of College Station
Mr. John J. Hightower
Adam C. Falco
Ms. Allison S. Killian
Respondent
Kalke, Lawrence
Mr. Chance D. Weldon
Christian Townsend
Mr. Robert E. Henneke
Petitioner

Amici Curiae

Amicus Curiae Counsel
Timberwood Park
Mr. Arturo Martinez De Vara
Mr. Charles H. Sierra
The State of Texas
Mr. Aaron Lloyd Nielson
Bexar County Emergency Services District Association and the Bexar County Emergency Services District Number 5
Mr. Adrian A. Spears II
Mr. Charles H. Sierra
Mr. Robert W. Wilson
Mr. Arturo Martinez De Vara
Goldwater Institute
Ms. Courtney Rimann
Ms. Katrina Eash
Texas Municipal League
Mr. Ramon G. Viada III
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