Supreme Court

Case: 15-0029    
15-0029
01/12/2015
Petition for Review/Cause under Rule 53.1
WHEELABRATOR AIR POLLUTION CONTROL, INC. 
CITY OF SAN ANTONIO ACTING THROUGH THE CITY PUBLIC SERVICE BOARD OF SAN ANTONIO, TEXAS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/13/2016Exhibits in case/cause filedRespondent Oral Argument Exhibit filed on behalf of City of San Antonio.
01/13/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Trinity East Energy, LLC.
01/13/2016Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Wheelabrator Air Pollution, Inc.
01/12/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Municipal League and Texas City Attorneys Association.
01/12/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief in support of Petitioner, Wasson Interests, Ltd.  Submitted by Joseph M. Nixon with Beirne, Maynard & Parsons, LLP.
01/06/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of the City of Dallas.
11/24/2015Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Wheelabrator Air Pollution Control, Inc.
11/09/2015Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of City of San Antonio acting through the City Public Service Board of San Antonio, Texas.
08/19/2015Brief on the MeritsPetitioner Petitioner's brief on the merits filed on behalf of Wheelabrator Air Pollution.
04/02/2015Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Wheelabrator Air Pollution Control, Inc.
03/23/2015Response to PetitionRespondent Response to Petition for Review filed on behalf of City of San Antonio, acting through City Public Service Board of San Antonio a/k/a CPS Energy.
01/12/2015Petition for ReviewPetitioner Petition for Review filed on behalf of Wheelabrator Air Pollution Control, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2015Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of City of San Antonio acting through the City Public Service Board of San Antonio, Texas. Oral argument will be presented by Craig T. Enoch of Enoch Kever PLLC.
12/18/2015Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 14, 2016.  Time allotted to argue:  20/20 minutes.
12/18/2015Petition for Review disposedFiling granted
12/18/2015Petition for Review granted 
11/24/2015Reply Brief  Reply Brief on the Merits filed on behalf of Wheelabrator Air Pollution Control, Inc.
11/09/2015Brief on the Merits  Respondent's Brief on the Merits filed on behalf of City of San Antonio acting through the City Public Service Board of San Antonio, Texas.
10/02/2015Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Response Brief on the Merits, filed on behalf of the City of San Antonio has been granted. Response Brief is due November 9, 2015. Reply Brief is due November 24, 2015. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED.
10/02/2015Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Bried on the Merits, filed on behalf of the City of San Antonio.
08/31/2015Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Resp's brief due October 8, 2015; Reply brief due October 23, 2015.
08/31/2015Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits. On behalf of City of San Antonio.
08/19/2015Brief on the Merits  Petitioner's brief on the merits filed on behalf of Wheelabrator Air Pollution.
07/08/2015Case Record Filed   Electronic Appellate Record received.
07/01/2015Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioners brief on the Merits filed on behalf of Wheelabrator Air Pollution Control, Inc. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioners brief due August 19, 2015; Respondents brief due September 8, 2015; Reply brief due September 23, 2015.
07/01/2015Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioners brief on the Merits filed on behalf of Wheelabrator Air Pollution Control, Inc.
06/23/2015Record Requested in Case  Record requested from the 4th COA
06/19/2015Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than July 20, 2015; Response brief due August 10, 2015; Reply brief due August 25, 2015.
05/27/2016Mandate issued  Mandate & Cost Bill Issued
04/15/2016Court approved judgment sent to attorneys of recordIssued
04/15/2016Opinion 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 Green delivered the opinion of the Court.
(4/15/2016 4:54:32 PM) 15-0029.pdf
04/02/2015Reply to Response  Reply in Support of Petition for Review filed on behalf of Wheelabrator Air Pollution Control, Inc.
03/23/2015Response to Petition  Response to Petition for Review filed on behalf of City of San Antonio, acting through City Public Service Board of San Antonio a/k/a CPS Energy.
02/20/2015Supreme Court of Texas Requested Response  Response to petition for review due no later than March 23, 2015.
01/20/2015Case forwarded to Court 
01/15/2015Response Waiver filed  Response Waiver filed on behalf of City of San Antonio Acting Through The City Public Service.
01/14/2016Oral argument   Argued on behalf of petitioner by C. Thomas Kruse; Argued on behalf respondents by Craig T. Enoch
01/13/2016Exhibits in case/cause filed  Oral Argument Exhibit filed on behalf of City of San Antonio.
01/13/2016Amicus Curiae Brief received  Amicus Brief of Trinity East Energy, LLC.
01/13/2016Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Wheelabrator Air Pollution, Inc.
01/12/2016Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Municipal League and Texas City Attorneys Association.
01/12/2016Amicus Curiae Brief received  Amicus Curiae Brief in support of Petitioner, Wasson Interests, Ltd.  Submitted by Joseph M. Nixon with Beirne, Maynard & Parsons, LLP.
01/12/2015Petition for Review  Petition for Review filed on behalf of Wheelabrator Air Pollution Control, Inc.
01/06/2016Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of the City of Dallas.
01/05/2016Oral Argument Submission Form from Attorney received  Oral argument submission form submitted by C. Thomas Kruse of Baker & Hostetler, LLP, Houston, TX filed on behalf of Wheelabrator Air Pollution Control, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/27/2016Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Trinity East Energy, LLC.Amicus CuriaeMr. Arthur J. Anderson
Nixon, JosephAmicus CuriaeMr. Joseph Nixon
City of DallasAmicus CuriaeMr. Charles Steven Estee
City of San AntonioRespondentMr. Craig T. Enoch
Ms. Judith Reed Blakeway
Ms. Emily R. Jolly
Ms. Annalyn G. Smith
Mr. Kirk D. Rasmussen
Casey Industrial, Inc.Other interested party Mr. John C. Howell
Wheelabrator Air Pollution Control, Inc.PetitionerMr. Matthew William Caligur
Mr. Charles Thomas Kruse
Mr. Alexander D. Burch  
Texas City Attorneys AssociationAmicus CuriaeMs. Heather M. Lockhart  
Texas Municipal LeagueAmicus CuriaeMs. Heather M. Lockhart  
Court of Appeals Information:
Affirmed  
492 SW3d 1, 11-26-14 
4th Court of Appeals 
Honorable Karen A. Angelini 
Trial Court Information
225th District Court 
Bexar 
Honorable Michael E. Mery 
2008-CI-06252