Supreme Court

Case: 13-0303    
13-0303
04/22/2013
Petition for Review/Cause under Rule 53.1
HARRIS COUNTY FLOOD CONTROL DISTRICT AND HARRIS COUNTY, TEXAS 
EDWARD A. AND NORMA KERR, ET AL. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/30/2016Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Edward A., et al.
12/09/2015Reply to Response to Motion for Rehearing filedPetitioner Reply in support of Motion for Rehearing. On behalf of Harris County Flood Control District and Harris County, Texas.
12/04/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter, filed on behalf of the Houston Property Rights Association, Inc. Submitted by David A. Kahne, of the Law Office of David A. Kahne.
11/24/2015Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Edward A. And Norma Kerr, et. al.
10/16/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of The National Association of Counties.
09/30/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Fort Bend County, Texas in support of Petitioners' Motion for Rehearing. Submitted by Huma Ahmed, Assistant Fort Bend County Attorney,  Richmond, Texas.
09/14/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief in support of Motion for Rehearing filed on behalf of the Metropolitan Transit Authority of Harris County, Texas.
09/09/2015Amended Brief filedAmicus Curiae First AMENDED Amicus Brief of City of Austin in support of Petitioners' Motion for Rehearing. Submitted by Michael Siegel, Assistant Austin City Attorney of Austin, Texas.
09/04/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter Brief of West Houston Association, Greater Houston Builders Association and Houston Real Estate Council in support of Motion for Rehearing. Submitted by James Boone of Allen Boone Humphries Robinson LLP of Houston, Texas.
09/03/2015Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae City of San Antonio in Support of Motion for Rehearing. Submitted by attorney Dan Pozza of San Antonio, Texas.
09/03/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Department of Transportation.
09/03/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of City of Austin in support of Petitioners' Motion for Rehearing. Submitted by Michael Siegel, Assistant Austin City Attorney of Austin, Texas.
09/02/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of The Port Authority of Harris County, Texas.
09/01/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief filed on behalf of County of El Paso. Submitted by Manuel Romero and Kevin McCary with El Paso County.
09/01/2015Amicus Curiae Brief receivedReceived (instead of filed) Amius Curiae Brief filed on behalf of Jeff Davis County, by Teresa L. Todd.
08/31/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief in Support of Petitioners' Motion for Rehearing filed on behalf of North Texas Tollway Authority.
08/31/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae brief filed on behalf of the City of Houston, submitted  by Judith L. Ramsey.
08/31/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief filed on behalf of Texas Conference of Urban Counties, et al. Submitted by John B. Dahill.
08/28/2015Motion for RehearingPetitioner's motion for rehearing of cause filed Petitioner's Motion for Rehearing. On behalf of Harris County Flood Control District, et al.
01/05/2015Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of Harris County Flood Control District.
12/23/2014Post submission brief filedRespondent Post-Submission Letter Brief filed on behalf of Edward A. & Norma Kerr, et al.
05/28/2014Brief on the MeritsPetitioner Reply Brief on the Merits filed on behalf of Harris County Flood Control District
and Harris County, Texas.
04/11/2014Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Edward A. and Norma Kerr, et al.
02/12/2014Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Harris County Flood Control District, et al.
12/02/2013Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Harris County Flood Control District, et al.  (HARD COPIES REC'D)
11/22/2013Response to PetitionRespondent Response to Petition for Review filed on behalf of Edward A. Kerr, et al. (Hard Copies Received)
07/02/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Conference of Urban Counties, Texas Municipal League, and Texas Association of Counties in Support of Petition for Review.  Submitted by John B. Dahill, State Bar No. 05310430, Texas Conference of Urban Counties, 500 W. 13th Street, Austin, Texas 78701, (512) 476-6174 - Phone.  (HARD COPIES REC'D)
06/21/2013Petition for ReviewPetitioner Petition for Review filed on behalf of Harris County Flood Control District and Harris County, Texas. (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/23/2014Post submission brief filed  Post-Submission Letter Brief filed on behalf of Edward A. & Norma Kerr, et al.
12/20/2013Case Record Filed   Electronic Appellate Record received.
12/16/2013Record Requested in Case  Record requested from the 1st COA
12/13/2013Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than 1/13/14; Response brief due 2/3/14; Reply brief due 2/18/14.
12/09/2015Reply to Response to Motion for Rehearing filed  Reply in support of Motion for Rehearing. On behalf of Harris County Flood Control District and Harris County, Texas.
12/04/2015Amicus Curiae Letter Received  Amicus Curiae Letter, filed on behalf of the Houston Property Rights Association, Inc. Submitted by David A. Kahne, of the Law Office of David A. Kahne.
12/04/2014Oral argument   Argued on behalf of petitioners by Kevin Dubose; argued on behalf of Respondents by Daryl L. Moore
12/02/2013Reply to Response  Reply in Support of Petition for Review filed on behalf of Harris County Flood Control District, et al.  (HARD COPIES REC'D)
11/24/2015Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Edward A. And Norma Kerr, et. al.
11/22/2013Response to Petition  Response to Petition for Review filed on behalf of Edward A. Kerr, et al. (Hard Copies Received)
10/30/2014Oral Argument Submission Form from Attorney received  Oral argument will be presented by Daryl L. Moore of Daryl L. Moore, P.C.  on behalf of Edward A. & Norma Kerr, et al.
10/24/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Kevin Dubose of Alexander Dubose Jefferson & Townsend LLP on behalf of Harris County Flood Control District and Harris County, Texas.
10/21/2016Mandate issued  Mandate and Cost Bill Issued
10/21/2016Motion for Rehearing - DisposedDenied
10/21/2015Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Edward A. and Norma Kerr, et al. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due November 25, 2015.
10/20/2015Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Edward A. and Norma Kerr, et al.
10/16/2015Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of The National Association of Counties.
10/14/2013Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review is Granted. No further extensions of time will be considered. Response is due November 22, 2013.
10/14/2013Motion for Extension of Time to File Response  Unopposed Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Edward A. and Norma Kerr, et al.
10/09/2015Supreme Court of Texas Requested Response  Response Requested to Motion for Rehearing due on October 26, 2015.
09/30/2015Amicus Curiae Brief received  Amicus Brief of Fort Bend County, Texas in support of Petitioners' Motion for Rehearing. Submitted by Huma Ahmed, Assistant Fort Bend County Attorney,  Richmond, Texas.
09/14/2015Amicus Curiae Brief received  Amicus Curiae Brief in support of Motion for Rehearing filed on behalf of the Metropolitan Transit Authority of Harris County, Texas.
09/12/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Requested Response is due October 23, 2013.
09/12/2013Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to File Response to Petition for Review. On behalf of Edward A. and Norma Kerr, et al.
09/09/2015Amended Brief filed  First AMENDED Amicus Brief of City of Austin in support of Petitioners' Motion for Rehearing. Submitted by Michael Siegel, Assistant Austin City Attorney of Austin, Texas.
09/04/2015Amicus Curiae Letter Received  Amicus Letter Brief of West Houston Association, Greater Houston Builders Association and Houston Real Estate Council in support of Motion for Rehearing. Submitted by James Boone of Allen Boone Humphries Robinson LLP of Houston, Texas.
09/03/2015Amicus Curiae Brief received  Brief of Amicus Curiae City of San Antonio in Support of Motion for Rehearing. Submitted by attorney Dan Pozza of San Antonio, Texas.
09/03/2015Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Department of Transportation.
09/03/2015Amicus Curiae Brief received  Amicus Brief of City of Austin in support of Petitioners' Motion for Rehearing. Submitted by Michael Siegel, Assistant Austin City Attorney of Austin, Texas.
09/02/2015Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of The Port Authority of Harris County, Texas.
09/01/2015Amicus Curiae Brief received  Amicus Brief filed on behalf of County of El Paso. Submitted by Manuel Romero and Kevin McCary with El Paso County.
09/01/2015Amicus Curiae Brief received  Amius Curiae Brief filed on behalf of Jeff Davis County, by Teresa L. Todd.
08/31/2015Amicus Curiae Brief received  Amicus Curiae Brief in Support of Petitioners' Motion for Rehearing filed on behalf of North Texas Tollway Authority.
08/31/2015Amicus Curiae Brief received  Amicus Curiae brief filed on behalf of the City of Houston, submitted  by Judith L. Ramsey.
08/31/2015Amicus Curiae Brief received  Amicus Brief filed on behalf of Texas Conference of Urban Counties, et al. Submitted by John B. Dahill.
08/30/2016Case forwarded to Court 
08/30/2016Motion for Rehearing  Motion for Rehearing filed on behalf of Edward A., et al.
08/28/2015Case forwarded to Court 
08/28/2015Motion for Rehearing  Petitioner's Motion for Rehearing. On behalf of Harris County Flood Control District, et al.
08/26/2015Phone call from Clerk's Office  Left message for Alex Sutton and Jon Lindsay of North Houston Association in regard to the amicus letter submitted to the Court.  Requested call back in order to communicate corrections needed.
08/23/2013Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 9/23/13.
08/04/2016Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time is granted. Motion for Rehearing is due September 6, 2016. Further requests for extensions of time for this filing will not be considered.
08/02/2016Motion for Extension of Time to File Motion for Rehearing  Unopposed Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Edward and Norma Kerr.
07/27/2015Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Petitioners' Second Motion for Extension of Time to file Rehearing is granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Motion for Rehearing is due August 28, 2015.
07/27/2015Motion for Extension of Time to File Motion for Rehearing  Second Unopposed Motion for Extension of Time to file Motion for Rehearing. On behalf of Harris County Flood Control District, et al.
07/23/2013Case forwarded to Court 
07/22/2013Response Waiver filed  Waiver of Response filed on behalf of Edward A. Kerr, et al.
07/11/2014Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., December 4, 2014.  Time allotted to argue: 20/20 minutes
07/11/2014Miscellaneous motion disposed. See Remarks.Filing granted Respondents' Unopposed Motion to Reschedule Oral Argument granted.
07/05/2016Notice of Appearance  Notice of Additional Counsel for Petitioners Harris County Flood Control District, et al.
07/02/2013Amicus Curiae Brief received  Amicus Brief of Texas Conference of Urban Counties, Texas Municipal League, and Texas Association of Counties in Support of Petition for Review.  Submitted by John B. Dahill, State Bar No. 05310430, Texas Conference of Urban Counties, 500 W. 13th Street, Austin, Texas 78701, (512) 476-6174 - Phone.  (HARD COPIES REC'D)
06/30/2014Miscellaneous Motion  Unopposed Motion to Reschedule Oral Argument filed on behalf of Edward A. and Norma Kerr, et al.
06/27/2014Case set for oral argumentCase set for oral argument [Note: This case has been set for oral argument at 9:00 a.m., November 5, 2014.]  Time allotted to argue:  20/20 minutes.
06/27/2014Petition for Review disposedFiling granted
06/27/2014Petition for Review granted 
06/24/2015Motion for Extension of Time to File Motion for Rehearing disposedFiling granted First Unopposed Motion for Extension of Time to Motion for Rehearing filed on behalf of Harris County Flood Control District, et al. is Granted; Motion for Rehearing is due July 29, 2015. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/24/2015Motion for Extension of Time to File Motion for Rehearing  First Unopposed Motion for Extension of Time to Motion for Rehearing filed on behalf of Harris County Flood Control District, et al.
06/21/2013Petition for Review  Petition for Review filed on behalf of Harris County Flood Control District and Harris County, Texas. (HARD COPIES REC'D)
06/17/2016Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time tofile Motion for Rehearing filed on behalf of Edward A. and Norma Kerr has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due August 4, 2016.
06/17/2016Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Edward A. and Norma Kerr.
06/17/2016Court approved judgment sent to attorneys of recordIssued
06/17/2016Dissenting opinion issued.Issued Justice Devine delivered a dissenting opinion, in which Chief Justice Hecht, Justice Green, and Justice Boyd joined.
06/17/2016Concurring Opinion issued.Issued Justice Lehrmann delivered a concurring opinion.
06/17/2016Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment. Justice Willett delivered the opinion of the Court, in which Justice Johnson, Justice Guzman, Justice Lehrmann, and Justice Brown joined.
(6/17/2016 2:46:04 PM) 130303rh.pdf, 130303c_rh.pdf, 130303d_rh.pdf, 13-0303.jmt.pdf
06/17/2016Previous opinion withdrawn  The Court's opinion issued June 12, 2015 is withdrawn and the opinion issued this date is substituted. The dissenting opinions issued June 12, 2015 are withdrawn and the opinions issued this date are substituted.
06/12/2015Court approved judgment sent to attorneys of recordIssued
06/12/2015Dissenting opinion issued.Issued Justice Lehrmann delivered a dissenting opinion, in which Justice Willett joined.
06/12/2015Dissenting opinion issued.Issued Justice Willett delivered a dissenting opinion, in which Justice Johnson, Justice Lehrmann, and Justice Brown joined.
06/12/2015Opinion issuedCourt of Appeals' judgment affirmed The Court affirms the court of appeals' judgment.  Justice Devine delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, and Justice Boyd joined.
(6/12/2015 2:11:54 PM) 130303d2.pdf, 130303d1.pdf, 130303.pdf, 13-0303.jmt.pdf
05/28/2014Brief on the Merits  Reply Brief on the Merits filed on behalf of Harris County Flood Control District
and Harris County, Texas.
05/21/2013Second Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Second Motion for Extension of Time to file Petition for Review is Granted. No further extensions of time will be considered.  Petition for Review is due June 21, 2013.
05/21/2013Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Harris County Flood District, et al.
04/24/2014Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Pet's Reply Brief is due May 28, 2014. Further requests for extensions of time for this filing will be disfavored.
04/23/2014Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file their reply brief on the merits. On behalf of Harris County Flood Control District, et al.
04/22/2013Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review is Granted. Further requests for extensions of time will be disfavored.  Petition for Review is due May 22, 2013.
04/22/2013Motion 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 Harris County Flood Control District, et al.
04/11/2014Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Edward A. and Norma Kerr, et al.
04/04/2014Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Respondent's brief is due April 11, 2014; and Reply brief is due April 28, 2014.
04/04/2014Motion 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 Edward A. and Norma Kerr, et al.
03/03/2014Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondents' Brief on the Merits. Resps' Brief is due April 3, 2014. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Pet's Reply Brief is due April 18, 2014
03/03/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to File Brief on the Merits. On behalf of respondents, Edward A. and Norma Kerr, et al.
02/19/2016Rehearing of cause granted 
02/19/2016Motion for Rehearing - DisposedFiling granted
02/12/2014Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Harris County Flood Control District, et al.
01/05/2015Post submission brief filed  Post-Submission Letter Brief filed on behalf of Harris County Flood Control District.
01/03/2014Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits granted. Pets' Brief due February 12, 2014. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Resp's Brief due March 4, 2014; Pets' Reply Brief March 19, 2014.
01/03/2014Motion for Extension of Time to File Brief filed  Petitioner's unopposed motion for extension of time to file their brief on the merits. On behalf of Harris County Flood Control District, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/21/2016Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Kerr, EdwardRespondentMr. James B. Blackburn Jr.
Mr. Daryl L. Moore
Mr. Brett Wagner
Mary Bond Conner  
North Texas Tollway AuthorityAmicus CuriaeMr. W. Scott Hastings
Mr. John Clinton Schumacher
County of El PasoAmicus CuriaeMr. Manuel Romero Jr.
Mr. Kevin Paul McCary
Ms. Jo Anne Bernal
City of AustinAmicus CuriaeMr. Michael Siegel
Harris County Flood Control DistrictPetitionerMr. Kevin H. Dubose
Ms. Amy Warr
Mr. Vincent R. Ryan Jr.
Ms. Melissa Spinks  
The National Association of CountiesAmicus CuriaeRobert Allen Eckels
Texas Assoication of CountiesAmicus CuriaeMr. Michael Pichinson
West Houston AssociationAmicus CuriaeMr. James Arthur Boone
City of San AntonioAmicus CuriaeMr. Dan V. Pozza
Texas Department of TransportationAmicus CuriaeMs. Susan Desmarais Bonnen  
County JudgesAmicus CuriaeJames P. Allison
Texas Water Conservation AssociationAmicus CuriaeMs. Stacey A. Steinbach
Houston Property Rights AssociationAmicus CuriaeMr. David Kahne
Fort Bend County, TexasAmicus CuriaeHuma Nisar Ahmed
Houston Real Estate CouncilAmicus CuriaeMr. James Arthur Boone
The City of HoustonAmicus CuriaeMs. Donna Lynn Edmundson
Ms. Judith Ramsey
The Port of Houston Authority of Harris County, TexasAmicus CuriaeMr. David Alan McNamara
Greater Houston Builders AssociationAmicus CuriaeMr. James Arthur Boone
Texas Conference of Urban CountiesAmicus CuriaeMr. John B. Dahill  
Texas Municipal LeagueAmicus CuriaeMr. Scott N. Houston
Jeff Davis CountyAmicus CuriaeMs. Teresa L. Todd
Metropolitan Transit Authority of Harris CountyAmicus CuriaeChief Justice Scott Brister
Court of Appeals Information:
Affirmed  
445 SW3d 242, 03-07-13 
1st Court of Appeals 
Honorable James Patrick 'Jim' Sharp 
Trial Court Information
County Civil Court at Law No 1 
Harris 
Honorable Cactus Jack Cagle 
837,329