Supreme Court

Case: 13-0047    
13-0047
01/22/2013
Petition for Review/Cause under Rule 53.1
ALLEN MARK DACUS, ELIZABETH C. PEREZ, AND REV. ROBERT JEFFERSON 
ANNISE D. PARKER AND CITY OF HOUSTON 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/15/2015Response to Motion for RehearingPetitioner Response to Motion for Rehearing and Motion to Expedite Mandate filed on behalf of Allen Dacus, et al.
07/14/2015Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Annise D. Parker, et al.
02/27/2015Post submission brief filedRespondent Post-Submission Letter Brief filed on behalf of Annise Parker and City of Houston.
02/23/2015Exhibits in case/cause filedAmicus Curiae Oral Argument Exhibits filed on behalf of Amici Curiae National Assoc. of Industrial and Office Properties Houston & Houston Bldg. Owners and Managers Assoc. in support of Petitioners.
11/14/2014Response to Amicus Curiae Brief filedRespondent Response to Amicus National Assocation of Industrial & Office Properties Houston and Houston Building Owners & Managers Association.
11/03/2014Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Allen Mark Dacus, et al.
11/03/2014Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amici Curiae National Assoc. of Industrial and Office Properties Houston & Houston Bldg. Owners and Managers Assoc. in support of Petitioners.
10/10/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Municipal League (TML) and Texas City Attorneys Association (TCAA)  in support of Respondents. Submitted by Scott N. Houston, Deputy Executive Director & General Counsel of TML.
09/09/2014Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Annise D. Parker, et al.
06/20/2014Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of Allen Mark Dacus, et al.
03/21/2014Petition Reinstated 
02/10/2014Response to Amicus Curiae Brief filedRespondent Response to Amicus Brief of Houston Area Pastor Council filed on behalf of City of Houston.
01/23/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Houston Area Pastor Council.
01/06/2014Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Annise D. Parker and City of Houston.
10/11/2013Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of Allen Mark Dacus, et al.
06/06/2013Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae filed on behalf of Little Nell Apartments, LP, et al.  Submitted by Brandon M. Barchus, 800 Bering Dr., Suite 400, Houston, TX.  77057, Phone (713) 239-4000, Fax (832) 201-8208. (HARD COPIES REC'D)
05/06/2013Response to PetitionRespondent Response to Petition for Review. On behalf of Annise D. Parker and City of Houston.  (HARD COPIES REC'D)
02/21/2013Petition for ReviewPetitioner Petition for Review filed on behalf of Allen Mark Dacus, et al. (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
11/20/2013Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Motion for Rehearing is Granted. Further requests for extensions of time will be disfavored. Response is due January 6, 2013.
11/19/2013Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Annise D. Parker, et al.
11/15/2013Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than 12/2/13.
11/14/2014Response to Amicus Curiae Brief filed  Response to Amicus National Assocation of Industrial & Office Properties Houston and Houston Building Owners & Managers Association.
11/03/2014Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Allen Mark Dacus, et al.
11/03/2014Amicus Curiae Brief received  Brief of Amici Curiae National Assoc. of Industrial and Office Properties Houston & Houston Bldg. Owners and Managers Assoc. in support of Petitioners.
10/22/2014Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits is granted. Pet's Reply Brief is due November 3, 2014. No further extensions of time for this filing will be considered.
10/22/2014Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to File Reply Brief on the Merits. On behalf of Allan Mark Dacus.
10/15/2013Case forwarded to Court 
10/11/2013Motion for Rehearing  Motion for Rehearing filed on behalf of Allen Mark Dacus, et al.
10/10/2014Amicus Curiae Brief received  Amicus Brief of Texas Municipal League (TML) and Texas City Attorneys Association (TCAA)  in support of Respondents. Submitted by Scott N. Houston, Deputy Executive Director & General Counsel of TML.
10/07/2013Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Allen Dacus, et al. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Rehearing due October 11, 2013.
10/07/2013Motion for Extension of Time to File Motion for Rehearing  Second unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Allen Dacus, et al.
09/16/2014Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Mertis is granted. Reply Brief is due October 27, 2014. Further requests for extensions of time for this filing will be disfavored.
09/16/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to File Reply Brief on the Merits. On behalf of Allen Mark Dacus, et al.
09/11/2015Mandate issued  Mandate & Cost Bill Issued
09/11/2015Motion to Expedite disposedDenied Motion for Expedited Issuance of Mandate denied
09/11/2015Motion for Rehearing - DisposedDenied with Justice not sitting.
09/09/2014Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Annise D. Parker, et al.
09/06/2013Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Rehearing due 10/07/13.
09/05/2013Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to File Motion for Rehearing filed on behalf of Allen Mark Dacus, et al.
08/23/2013Petition for Review disposedDenied
08/08/2014Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits is Granted. No further extensions of time will be considered. Respondent's brief is due September 10, 2014; and Reply brief is due September 25, 2014.
08/08/2014Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Annise D. Parker, et al.
07/15/2015Motion to Expedite Filed  Motion for Expedite Issuance of Mandate filed on behalf of Allen Dacus, et al.
07/15/2015Response to Motion for Rehearing  Response to Motion for Rehearing and Motion to Expedite Mandate filed on behalf of Allen Dacus, et al.
07/14/2015Case forwarded to Court 
07/14/2015Motion for Rehearing  Motion for Rehearing filed on behalf of Annise D. Parker, et al.
07/09/2014Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Response Brief is due August 11, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.  Reply Brief is due August 26, 2014.
07/08/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Annise D. Parker and City of Houston.
07/02/2015Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to File Motion for Rehearing is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Rehearing is due July 14, 2015.
06/29/2015Reply to Response to Motion  Reply to Motion for Extension of Time to file Motion for Rehearing filed on behalf of Annise D. Parker and City of Houston.
06/26/2015Response to Motion filed  Petitioner's Opposition to Respondent's Motion for Extension of Time to file Motion for Rehearing filed on behalf of Allen Mark Dacus, et al.
06/26/2015Phone call from Clerk's Office  called and sent email to petitioners' counsel, Mr. Taylor and Mr. Russell, to inquire whether petitioners intend to file a response to respondents' motion to extend time to file rehearing. Left message and requested call back.
06/26/2015Motion for Extension of Time to File Motion for Rehearing  Respondents’ Opposed Motion for Extension of Time to File Motion for Rehearing. On behalf of Annise D. Parker and City of Houston.
06/20/2014Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Allen Mark Dacus, et al.
06/12/2015Court approved judgment sent to attorneys of recordIssued
06/12/2015Concurring Opinion issued.Issued Justice Guzman delivered a concurring opinion, in which Justice Willett joined.
06/12/2015Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses the court of appeals' judgment and remands the case to the trial court.  Justice Devine delivered the opinion of the Court. (Justice Brown not sitting)
(6/12/2015 2:04:15 PM) 130047c.pdf, 130047.pdf, 13-0047.jmt.pdf
06/06/2013Amicus Curiae Brief received  Brief of Amicus Curiae filed on behalf of Little Nell Apartments, LP, et al.  Submitted by Brandon M. Barchus, 800 Bering Dr., Suite 400, Houston, TX.  77057, Phone (713) 239-4000, Fax (832) 201-8208. (HARD COPIES REC'D)
05/14/2014Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits is Granted. No further extensions of time will be considered. Petitioner's brief is due June 20, 2014; Respondent's brief is due July 10, 2014; and Reply brief is due July 25, 2014.
05/14/2014Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Allen Mark Dacus, et al.
05/06/2013Response to Petition  Response to Petition for Review. On behalf of Annise D. Parker and City of Houston.  (HARD COPIES REC'D)
04/18/2014Phone call from Clerk's Office  Call made to petitioner attorney, Dylan B. Russell, letting him know that the Court granted the motion for extension of time to file brief for 30 days instead of the requested 39 days.  Left voicemail.
04/18/2014Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to File Brief on the Merits granted.  Petitioner's brief due no later than 5/21/14; Response brief due 6/10/14; Reply brief due 6/25/14.
04/17/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to File Brief on the Merits. On behalf of Allen Mark Dacus, et al.
04/05/2013Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 5/6/13.
03/26/2014Case Record Filed   Electronic Appellate Record received.
03/25/2014Record Requested in Case  Record requested from the 14th COA
03/21/2014Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than 4/21/14; Response brief due 5/12/14; Reply brief due 5/27/14
03/21/2014Petition Reinstated 
03/21/2014Previous Order of the Court withdrawn  denial of petition for review on August 23, 2013, withdrawn
03/21/2014Motion for Rehearing - DisposedFiling granted (Justice Brown not sitting)
03/05/2013Case forwarded to Court 
02/27/2015Post submission brief filed  Post-Submission Letter Brief filed on behalf of Annise Parker and City of Houston.
02/27/2013Response Waiver filed  Response waiver filed on behalf of Annise D. Parker, et al.
02/24/2015Oral argument   Argued on behalf of Petitioners by Andy Taylor; Argued on behalf of Respondents by C. Robert Heath; Argued on behalf of Amicus Curiae, NAIOPH, by Thomas R. Phillips (Justice Brown not sitting)
02/23/2015Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Amici Curiae National Assoc. of Industrial and Office Properties Houston & Houston Bldg. Owners and Managers Assoc. in support of Petitioners.
02/23/2015Miscellaneous motion disposed. See Remarks.Filing granted Petitioners' Unopposed Motion to Allow Argument by Amicus Curiae and to Split Argument Time granted. Time allotted to argue: 15/20/5 minutes  (Justice Brown not sitting)
02/23/2015Miscellaneous Motion  Unopposed Moiton to Allow Argument by Amicus Curiae and to Split Time filed on behalf of Allen Mark Dacus, et al.
02/21/2013Petition for Review  Petition for Review filed on behalf of Allen Mark Dacus, et al. (HARD COPIES REC'D)
02/20/2015Phone call from Clerk's Office  Call made to petitioner attorney, Andy Taylor, regarding an amicus motion to participate in oral argument.  Left voicemail.
02/13/2015Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Petitioners' Allen Mark Dacus, et al. Oral Argument will be presented by Andy Taylor of Andy Taylor & Associates, P.C.; Rebuttal will be presented by Thomas R. Phillips of Baker Botts, LLP.
02/11/2015Oral Argument Submission Form from Attorney received  Oral Argument Submission form submitted on behalf of Respondents Annise D. Parker and City of Houston. Oral Argument will be presented by C. Robert Heath of Bickerstaff Heath Delgado Acosta LLP.
02/10/2014Response to Amicus Curiae Brief filed  Response to Amicus Brief of Houston Area Pastor Council filed on behalf of City of Houston.
01/30/2015Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 24, 2015.  Time allotted to argue:  20/20 minutes
01/30/2015Petition for Review disposedFiling granted
01/30/2015Petition for Review granted 
01/25/2013Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due February 21, 2013.
01/23/2014Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Houston Area Pastor Council.
01/22/2013Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Allen Mark Dacus, et al.
01/06/2014Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Annise D. Parker and City of Houston.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/11/2015Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
National Association of Industrial and Office Properties HoustonAmicus CuriaeMr. Thomas Phillips
Mr. Shane Pennington
Dacus, Allen MarkPetitionerMr. William A. 'Andy' Taylor
Mr. Dylan Russell
Mr. Joseph O. Slovacek
Houston Area Pastor CouncilAmicus CuriaeMr. Robert B. Gilbreath
Texas Municipal LeagueAmicus CuriaeMr. Scott N. Houston
Little Nell Apartment, LPAmicus CuriaeMr. Brandon M. Barchus  
Houston Building Owners and Managers AssociationAmicus CuriaeMr. Thomas Phillips
Mr. Shane Pennington
Parker, Annise D.RespondentMr. John B. Wallace
Mr. Claude Heath
Ms. Donna Lynn Edmundson
Mr. David M. Feldman
Mr. Gunnar Seaquist  
Ms. Judith Lee Ramsey
Ms. Lynette Fons
Perez, Elizabeth C.PetitionerMr. Dylan Russell
Mr. Joseph O. Slovacek
Texas City Attorneys AssociationAmicus CuriaeMr. Scott N. Houston
Court of Appeals Information:
Affirmed  
___ SW3d ___, 07-10-12 
14th Court of Appeals 
Honorable Tracy K. Christopher 
Trial Court Information
234th District Court 
Harris 
Honorable Buddie J. Hahn 
2010-81591