Supreme Court

Case: 14-0459    
14-0459
06/09/2014
Second Petition for Review/Cause under Rule 53.1
HOUSTON BELT & TERMINAL RAILWAY CO., BNSF RAILWAY CO., AND UNION PACIFIC RAILROAD CO. 
CITY OF HOUSTON, TEXAS AND DANIEL KRUEGER, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF PUBLIC WORKS AND ENGINEERING 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/26/2015Reply BriefPetitioner Petitioners' Reply Brief on the Merits filed on behalf of Houston Belt & Terminal Railway Co., et al.
06/26/2015Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Cross-Petitioner/Respondents City of Houston and Daniel W. Krueger.
06/04/2015Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Houston Belt & Terminal Railway Co., et al.
06/04/2015Brief on the MeritsRespondent Respondents' Brief on the Merits. On behalf of the City of Houston, et al.
05/04/2015Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of City of Houston, et al.
05/04/2015Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of Houston Belt & Terminal Railway Co., et al.
02/27/2015Reply to ResponseEvent related to first petition filed in case. Petitioner's (Houston Belt & Terminal Railway Co.) Reply in Support of Petition for Review.
02/12/2015Response to PetitionEvent related to subsequent petition filed in case. Response to Petition for Review filed on behalf of The City of Houston and Daniel W. Krueger.
10/24/2014Response to PetitionRespondent Response to Petition filed on behalf of Houston Belt & Terminal Railway Co.
09/24/2014Petition for Review #2Petitioner Cross-Petition for Review filed on behalf of City of Houston and Daniel W. Krueger.
08/25/2014Petition for ReviewPetitioner Petition for Review filed on behalf of Houston Belt & Terminal Railway Company, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/05/2014Supreme Court of Texas Requested Response  Requested response from the City of Houston to Houston Belt & Terminal Railway Co., et al's petition for review due no later than January 5, 2015.
10/28/2014Case forwarded to Court 
10/28/2014Case forwarded to Court 
10/24/2014Response to Petition  Response to Petition filed on behalf of Houston Belt & Terminal Railway Co.
10/13/2015Oral argument   Argued on behalf of petitioners by James B. Harris; Argued on behalf of respondents by Robert W. Higgason
10/13/2015Oral argument   Argued on behalf of petitioners by James B. Harris; Argued on behalf of respondents by Robert W. Higgason
10/01/2014Response Waiver filed  Response waiver filed on behalf of Respondents/Cross-Petitioner, The City of Houston.
09/29/2014Letter Filed  Letter containing Attorney General’s Opinion dated September 22, 2014 that is material to issue 3 filed on behalf of Houston Belt & Terminal Railway Co., et al.
09/24/2015Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of The City of Houston, Texas, et al. Oral argument will be presented by Robert W. Higgason of the City of Houston Legal Department.
09/24/2014Petition for Review #2  Cross-Petition for Review filed on behalf of City of Houston and Daniel W. Krueger.
09/22/2015Oral Argument Submission Form from Attorney received  Oral argument will be presented by James B. Harris with Thompson & Knight LLP, of Dallas, Texas, filed on behalf of Houston Belt & Terminal Railway Co., et al.
09/04/2015Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., October 13, 2015.  Time allotted to argue:  20/20 minutes
09/04/2015Petition for Review disposedFiling granted
09/04/2015Petition for Review granted 
09/04/2015Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., October 13, 2015.  Time allotted to argue: 20/20 minutes
09/04/2015Petition for Review disposedFiling granted
09/04/2015Petition for Review granted 
08/25/2014Petition for Review  Petition for Review filed on behalf of Houston Belt & Terminal Railway Company, et al.
08/25/2014Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of City of Houston and Daniel W. Krueger, et al. has been granted.
08/25/2014Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of City of Houston and Daniel W. Krueger, et al.
07/11/2014Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to File Petition for Review on behalf of The City of Houston, et al. granted as reinstated.  Petition due no later than August 25, 2014.
07/11/2014Motion for Extension of Time to File Petition for Review pursuant to 53.7(f) reinstated  Motion for Extension of Time to File Petition for Review filed on behalf of The City of Houston, et al. reinstated
07/11/2014Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to File Petition for Review on behalf of Houston Belt & Terminal Railway Co, et al. granted as reinstated.  Petition due no later than August 25, 2014.
07/11/2014Motion for Extension of Time to File Petition for Review pursuant to 53.7(f) reinstated  Motion for Extension of Time to File Petition for Review on behalf of Houston Belt & Terminal Railway Co, et al. reinstated per notice filed with the Court on 7/10/14
07/11/2014Abatement Order Lifted  Abatement orders issued June 10, 2014 and June 13, 2014 are lifted
07/10/2014Notice received  Notice that the Motions for En Banc Reconsideration were denied in the Fourteenth Court of Appeals.
06/26/2015Reply Brief  Petitioners' Reply Brief on the Merits filed on behalf of Houston Belt & Terminal Railway Co., et al.
06/26/2015Reply Brief  Reply Brief on the Merits filed on behalf of Cross-Petitioner/Respondents City of Houston and Daniel W. Krueger.
06/13/2014Order of the Court IssuedMatter in Supreme Court of Texas Abated City of Houston, et al.'s Motion for Extension of Time to File Petition for Review, granted on June 13, 2014, is Abated.  The case is removed from the Court's active docket.  It is the parties' responsibility to immediately notify this Court once the court of appeals' decision is final.  See TEX. R. APP. P. 53.7(a).
06/13/2014Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of City of Houston and Daniel W. Krueger, et al. has been granted.
06/13/2014Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion to Extend Time to File Petition for Review filed on behalf of The City of Houston and Daniel W. Krueger
06/10/2014Order of the Court IssuedMatter in Supreme Court of Texas Abated Motion for Extension of Time to File Petition for Review, granted on June 10, 2014, is Abated.  The case is removed from the Court's active docket.  It is the parties' responsibility to immediately notify this Court once the court of appeals' decision is final.  See TEX. R. APP. P. 53.7(a).
06/10/2014Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Houston Belt & Terminal Railway Co., et al. has been granted.
06/09/2014Motion 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 Houston Belt & Terminal Railway Co., et al.
06/04/2015Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Houston Belt & Terminal Railway Co., et al.
06/04/2015Brief on the Merits  Respondents' Brief on the Merits. On behalf of the City of Houston, et al.
05/13/2016Mandate issued  Mandate & Cost Bill Issued
05/04/2015Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of City of Houston, et al.
05/04/2015Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Houston Belt & Terminal Railway Co., et al.
04/01/2016Court approved judgment sent to attorneys of recordIssued
04/01/2016Concurring Opinion issued.Issued Justice Lehrmann delivered a concurring opinion.
04/01/2016Opinion issuedIssued
04/01/2016Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses in part the court of appeals' judgment and remands the case to the trial court.  Justice Brown delivered the opinion of the Court.
(4/1/2016 4:26:57 PM) 140459c.pdf, 140459.pdf, 14-0459.jmt.pdf
03/23/2015Motion for Extension of Time disposed.Filing granted Joint Motion to Adjust Schedule for Briefs on the Merits is granted. Further requests for extensions of time for this filing will be disfavored. Petitioners' Reply Briefs are extended to June 26, 2015.
03/23/2015Motion for Extension of Time disposed.Filing granted Joint Motion to Adjust Schedule for Briefs on the Merits is granted. Further requests for extensions of time for this filing will be disfavored. Respondents' Briefs are extended to June 4, 2015.
03/23/2015Motion for Extension of Time disposed.Filing granted Joint Motion to Adjust Schedule for Briefs on the Merits is granted. Further requests for extensions of time for this filing will be disfavored. Petitioners' initial Briefs are extended to May 4, 2015.
03/23/2015Motion for Extension of Time to File Brief filed  Joint Motion to Adjust Schedule of Reply Briefs on the Merits. On behalf of City of Houston, et al. and Houston Belt & Terminal Railway Co., et al.
03/23/2015Motion for Extension of Time to File Brief filed  Joint Motion to Adjust Schedule of Respondents' Briefs on the Merits. On behalf of City of Houston, et al. and Houston Belt & Terminal Railway Co., et al.
03/23/2015Electronic communication sent to Party  sent electronic communication to counsel for Houston Belt & Terminal Railway Co. and City of Houston and notified them that the Joint Motion to Adjust Briefing Schedule has three motions in one, therefore, they have to submit the motion two more times so they can pay the court's fee.
03/23/2015Motion for Extension of Time to File Brief filed  Joint Motion to Adjust Schedule of Petitioners' Briefs on the Merits. On behalf of Cross-Petitioners and Respondents, City of Houston, et al. and Petitioners and Cross-Respondents, Houston Belt & Terminal Railway Co., et al.
03/16/2015Case Record Filed   Electronic Appellate Record received.
03/13/2015Record Requested in Case  Record requested from the 14th COA
03/13/2015Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than April 13, 2015; Response brief due May 4, 2015; Reply brief due May 19, 2015.  
02/27/2015Reply to Response  Petitioner's (Houston Belt & Terminal Railway Co.) Reply in Support of Petition for Review.
02/12/2015Response to Petition  Response to Petition for Review filed on behalf of The City of Houston and Daniel W. Krueger.
02/03/2015Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review filed on behalf of Respondent/Cross-Petitioner City of Houston is Granted; Response is due February 12, 2015. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED.
02/03/2015Motion for Extension of Time to File Response  Second Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Respondents/Cross-Petitioner City of Houston.
01/05/2015Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response to Petition for Review filed on behalf of Respondent/Cross-Petitioner City of Houston GRANTED. Response is due February 4, 2015. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/05/2015Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Respondents/Cross-Petitioner City of Houston.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/13/2016Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Krueger, DanielRespondentMr. Robert Higgason
Ms. Donna Lynn Edmundson
Mr. David M. Feldman
Ms. Judith Lee Ramsey
Ms. Lynette Fons
Union Pacific Railroad Co.PetitionerMr. James B. Harris
Ms. Debora B. Alsup
Mr. Richard B. Phillips Jr.
Mr. Stephen F. Fink
Houston Belt & Terminal Railway Co.PetitionerMs. Debora B. Alsup
Mr. Richard B. Phillips Jr.
Mr. James B. Harris
Mr. Stephen F. Fink
BNSF Railway Co.PetitionerMr. Richard B. Phillips Jr.
Mr. Stephen F. Fink
Ms. Debora B. Alsup
Mr. James B. Harris
The City of HoustonRespondentMr. Robert Higgason
Mr. David M. Feldman
Ms. Donna L. Edmundson
Ms. Judith Lee Ramsey
Ms. Lynette Fons
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
___ SW3d ___, 01-23-14 
14th Court of Appeals 
Honorable Marc W. Brown 
Trial Court Information
61st District Court 
Harris 
Honorable Alfred H. Bennett 
2012-62909