Supreme Court

Case: 15-0106    
15-0106
02/06/2015
Petition for Review/Cause under Rule 53.1
TOWN OF LAKEWOOD VILLAGE 
HARRY BIZIOS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/28/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of the Greater San Antonio Builders Association.
04/20/2016Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter Brief filed on behalf of Texas Municipal League.
03/28/2016Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of the City of Liberty Hill, Texas.
03/03/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief filed on behalf of Property Owners' Association of Sunrise Bay.  Submitted by Frank G. Cawley with Whitehurst & Cawley, L.L.P. of Addison, Texas.
02/26/2016Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amici Curiae in Support of Harry Bizios filed on behalf of Continental Homes of Texas, L.P. dba DR Horton Homes, et al. Submitted by Sue Wall with Womack McClish Wall & Foster, P.C. of Austin, Texas.
12/08/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Association of Builders.
12/04/2015Brief on the MeritsPetitioner Reply Brief on the Merits, filed on behalf of Town of Lakewood Village.
11/09/2015Brief on the MeritsRespondent Respondent's Brief on the Merits, filed on behalf of Harry Bizios.
10/05/2015Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Town of Lakewood Village.
06/24/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of the Town of Cross Roads, Texas, and the City of McLendon-Chisholm, Texas.
05/26/2015Response to PetitionRespondent Response to Petition for Review filed on behalf of Harry Bizios.
04/10/2015Amicus Curiae Brief receivedAmicus Curiae Amicus Curiae brief filed in support of the Petitioner on behalf of the City of Canton, Texas. Submitted by Donald D. Stutes of Potter Minton from Canton, Texas.
04/01/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of City of Helotes. Submitted by Steven M. Pena, Sr. of Davidson, Troilo, Ream, Garza, PC, San Antonio, Texas.
02/26/2015Petition for ReviewPetitioner Petition for Review filed on behalf of Town of Lakewood Village.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/08/2015Amicus Curiae Brief received  Amicus Brief of Texas Association of Builders.
12/04/2015Brief on the Merits  Reply Brief on the Merits, filed on behalf of Town of Lakewood Village.
11/20/2015Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Reply Brief is due December 4, 2015.  Further requests for extensions of time for this filing will not be considered.
11/20/2015Call received  Call recieved from counsel for petitioners, inquiring about the status of the motion for extension of time to file reply brief, filed on November 16, 2015.
11/17/2015Notice from attorney regarding vacation dates  Respondent's Counsel, Mr. Art Anderson, Vacation Notice. He will be out January 4-8, 2016. On behalf of Harry Bizios.
11/16/2015Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief filed on behalf of Town of Lakewood Village.
11/09/2015Brief on the Merits  Respondent's Brief on the Merits, filed on behalf of Harry Bizios.
10/15/2015Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits, filed on behalf of Harry Bizios has been granted. Further requests for extensions of time for this filing will be disfavored. Response Brief is due November 9, 2015. Reply Brief is due November 24, 2015.
10/15/2015Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits, filed on behalf of Harry Bizios.
10/05/2015Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Town of Lakewood Village.
09/21/2015Case Record Filed   Electronic Appellate Record received.
09/09/2015Record Requested in Case  Record requested from the 2nd COA
09/04/2015Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than October 5, 2015; Response brief due October 26, 2015; Reply brief due November 10, 2015.
07/08/2016Letter Filed  Letter from petitioner to inform the Court that they will not be filing a motion for rehearing filed on behalf of Town of Lakewood Village.
07/08/2016Mandate issued  Mandate & Cost Bill Issued
07/07/2016Phone call from Clerk's Office  Spoke with Mr. Messer's assistant inquiring about the status of their motion for rehearing.  She stated that they no longer intend to file a motion for rehearing and will file a letter with the Court.
06/24/2015Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of the Town of Cross Roads, Texas, and the City of McLendon-Chisholm, Texas.
06/09/2016Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time is granted. Motion for Rehearing is due June 28, 2016. Further requests for extensions of time for this filing will be disfavored.
06/09/2016Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Town of Lakewood Village.
05/27/2016Court approved judgment sent to attorneys of record 
05/27/2016Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Boyd delivered the opinion of the Court. (Justice Johnson not sitting)
(5/27/2016 4:42:35 PM) 150106.pdf, 15-0106.jmt.pdf
05/26/2015Response to Petition  Response to Petition for Review filed on behalf of Harry Bizios.
05/01/2015Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted.  Response is due May 26, 2015.  Further requests for extensions of time for this filing will be disfavored.
05/01/2015Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response filed on behalf of Harry Bizios.
04/28/2016Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of the Greater San Antonio Builders Association.
04/20/2016Amicus Curiae Letter Received  Amicus Letter Brief filed on behalf of Texas Municipal League.
04/10/2015Supreme Court of Texas Requested Response  Response Requested to Petition for Review due no later than May 11, 2015.
04/10/2015Amicus Curiae Brief received  Amicus Curiae brief filed in support of the Petitioner on behalf of the City of Canton, Texas. Submitted by Donald D. Stutes of Potter Minton from Canton, Texas.
04/01/2015Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of City of Helotes. Submitted by Steven M. Pena, Sr. of Davidson, Troilo, Ream, Garza, PC, San Antonio, Texas.
03/28/2016Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of the City of Liberty Hill, Texas.
03/10/2015Case forwarded to Court 
03/08/2016Oral argument   Argued on behalf of petitioner by Wm. Andrew Messer; Argued on behalf of respondent by Arthur J. Anderson
03/04/2015Response Waiver filed  Response waiver filed on behalf of respondent Harry Bizios.
03/03/2016Amicus Curiae Brief received  Amicus Brief filed on behalf of Property Owners' Association of Sunrise Bay.  Submitted by Frank G. Cawley with Whitehurst & Cawley, L.L.P. of Addison, Texas.
02/26/2016Amicus Curiae Brief received  Brief of Amici Curiae in Support of Harry Bizios filed on behalf of Continental Homes of Texas, L.P. dba DR Horton Homes, et al. Submitted by Sue Wall with Womack McClish Wall & Foster, P.C. of Austin, Texas.
02/26/2015Petition for Review  Petition for Review filed on behalf of Town of Lakewood Village.
02/17/2016Oral Argument Submission Form from Attorney received  Oral Argument Submission Form, filed on behalf of Town of Lakewood Village. Oral Argument will be presented by Wm. Andrew Messer of Messer, Rockefeller & Fort, PLLC.
02/12/2016Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Harry Bizios. Oral argument will be presented by Arthur J. Anderson of Winstead PC.
02/06/2015Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is Granted; Petition is due February 26, 2015.
02/06/2015Motion for Extension of Time to File Petition for Review filed  First Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Town of Lakewood Village.
02/05/2016Call received  Call received from petitioner attorney, Andy Messer, regarding submission set for March 8, 2016. He stated a motion to reset is forthcoming.
01/22/2016Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., March 8, 2016.  Time allotted to argue:  20/20 minutes  (Justice Johnson not sitting)
01/22/2016Petition for Review disposedFiling granted
01/22/2016Petition for Review granted 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/08/2016Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Town of Cross Roads, TexasAmicus CuriaeMr. David M. Berman
Greater San Antonio Builders AssociationAmicus CuriaeMs. Sara Murray
City of HelotesAmicus CuriaeSteven M. Pena Sr.
Weekly Homes, LLCAmicus CuriaeMr. Dan W. Foster
Ms. Sue Wall
Mr. John N. McClish
Pulte Homes of Texas, L.P.Amicus CuriaeMs. Sue Wall
Mr. Dan W. Foster
Mr. John N. McClish
City of Liberty Hill, TexasAmicus CuriaeLaura Francis Mueller
Bizios, HarryRespondentMr. David F. Johnson
Mr. Arthur J. Anderson
Ashton San Antonio Residential, LLCAmicus CuriaeMs. Sue Wall
Mr. John N. McClish
Mr. Dan W. Foster
City of McLendon-Chisholm, TexasAmicus CuriaeMr. David M. Berman
Contintental Homes of Texas, L.P.Amicus CuriaeMs. Sue Wall
Mr. Dan W. Foster
Mr. John N. McClish
MHI Partnership, Ltd.Amicus CuriaeMr. Dan W. Foster
Ms. Sue Wall
Mr. John N. McClish
Texas Association of BuildersAmicus CuriaeMr. Manuel (Ned) Munoz, Jr.
Property Owners' Association of Sunrise BayAmicus CuriaeMr. Frank Gerhardt Cawley
City of Canton, TexasAmicus CuriaeMr. Ronald Stutes
Texas Municipal LeagueAmicus CuriaeMr. Scott N. Houston
Town of Lakewood Village PetitionerMs. Jennifer Avalon Whit DeCurtis
Mr. W. Andrew Messer
Brenda N. McDonald
Brett D. Gardner
Court of Appeals Information:
Reverse & Remand 
453 SW3d 598, 12-31-14 
2nd Court of Appeals 
Honorable Bob McCoy 
Trial Court Information
431st District Court 
Denton 
Honorable Jonathan M. Bailey 
14-01991-431