Supreme Court

Case: 17-0850    
17-0850
10/16/2017
Petition for Review/Cause under Rule 53.1
KMS RETAIL ROWLETT, LP F/K/A KMS RETAIL HUNTSVILLE, LP 
CITY OF ROWLETT, TEXAS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/17/2019Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of KMS Retail Rowlett, LP.
10/11/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received from The State of Texas.  Submitted by Ari Cuenin, Assistant Solicitor General with Office of the Attorney General.
08/28/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of Texas Municipal League. Submitted by Scott N. Houston, General Counsel fo TML of Austin, Texas.
04/17/2018Reply BriefPetitioner Reply Brief on the Merits filed on behalf of KMS Retail Rowlett, LP.
04/02/2018Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of City of Rowlett, Texas.
03/12/2018Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of KMS Retail Rowlett, LP.
03/09/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Public Policy Foundation and Mr. William Peacock III. Submitted by Robert Henneke of TPPF of Austin, Texas.
11/21/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Farm Bureau. Submitted by James D. Bradbury and Courtney Cox Smith of Austin, Texas.
11/17/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Institute for Justice. Submitted by Arif Panju of Austin, Texas.
11/15/2017Response to PetitionRespondent Response to Petition for Review filed on behalf of City of Rowlett, Texas.
11/06/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Association of Builders in support of petitioner submitted by Manuel Muñoz, Jr. of Texas Association of Builders of Austin, Texas.
10/16/2017Petition for ReviewPetitioner Petition for Review filed on behalf of KMS Retail Rowlett, LP.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
11/21/2017Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Farm Bureau. Submitted by James D. Bradbury and Courtney Cox Smith of Austin, Texas.
11/21/2017Case forwarded to Court 
11/21/2017Call received  Call received re: amicus brief of Texas Farm Bureau in support of petitioner will be filed shortly.
11/17/2017Amicus Curiae Brief received  Amicus Curiae Brief of the Institute for Justice. Submitted by Arif Panju of Austin, Texas.
11/15/2017Response to Petition  Response to Petition for Review filed on behalf of City of Rowlett, Texas.
11/06/2017Amicus Curiae Brief received  Amicus Curiae Brief of Texas Association of Builders in support of petitioner submitted by Manuel Muñoz, Jr. of Texas Association of Builders of Austin, Texas.
10/31/2018Oral argument   Argued on behalf of petitioner by Arthur J. Anderson; Argued on behalf of respondent by David M. Berman
10/26/2018Submission Schedule  Submission Schedule for October 31, 2018.
10/16/2017Petition for Review  Petition for Review filed on behalf of KMS Retail Rowlett, LP.
10/11/2018Amicus Curiae Brief received  Amicus Brief received from The State of Texas.  Submitted by Ari Cuenin, Assistant Solicitor General with Office of the Attorney General.
10/08/2019Mandate issued  Mandate & Cost Bill Issued
10/04/2019Motion for Rehearing - DisposedDenied
08/28/2018Amicus Curiae Letter Received  Amicus Letter of Texas Municipal League. Submitted by Scott N. Houston, General Counsel fo TML of Austin, Texas.
07/19/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of petitioner, KMS Retail Rowlett, LP. Oral Argument will be presented by Arthur J. Anderson of Winstead PC of Dallas, Texas.
07/02/2018Oral Argument Submission Form from Attorney received  Oral Argument will be presented by David M. Berman with Nichols, Jackson, Dillard, Hager & Smith, LLP of Dallas, Texas filed on behalf of City of Rowlett, Texas.
06/29/2018Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 31, 2018.  Time allotted to argue:  20/20 minutes
06/19/2019Response Waiver filed  Response Waiver to Motion for Rehearing filed on behalf of City of Rowlett, Texas.
06/17/2019Case forwarded to Court 
06/17/2019Motion for Rehearing  Motion for Rehearing filed on behalf of KMS Retail Rowlett, LP.
06/08/2018Petition for Review granted 
06/08/2018Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/06/2019Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due June 17, 2019.
06/06/2019Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of KMS Retail Rowlett, LP.
05/17/2019Court approved judgment sent to attorneys of recordIssued
05/17/2019Dissenting opinion issued.Issued Justice Blacklock delivered a dissenting opinion, in which Justice Lehrmann and Justice Boyd joined.
05/17/2019Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment.  Justice Brown delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Devine, and Justice Busby joined.
(5/17/2019 4:55:03 PM) 170850.pdf, 170850d.pdf, 17-0850.jmt.pdf
04/17/2018Reply Brief  Reply Brief on the Merits filed on behalf of KMS Retail Rowlett, LP.
04/02/2018Brief on the Merits  Respondent's Brief on the Merits filed on behalf of City of Rowlett, Texas.
03/15/2018Pro hac vice motion disposedFiling granted Motion in support of Motion for Admission Pro Hac Vice of Dana Berliner granted.
03/15/2018Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Dana Berliner granted
03/15/2018Pro hac vice motion disposedFiling granted Motion in support of Motion for Admission Pro Hac Vice of Jeffrey Redfern granted
03/15/2018Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Jeffrey Redfern granted
03/15/2018Electronic communication received from Party  Received email from counsel David M. Berman. He stated they expect that the Court will grant the motion[s], and know that they might consider or refuse the Amicus Brief as it sees fit. They are not going to file a response to the motions pro hac vice.
03/15/2018Electronic communication sent to Party  Sent email to respondent's counsel to determine whether they are going to file a written response regarding their opposition to the motions pro hac vice.
03/13/2018Pro hac vice motion filed  Motion in support of Motion for Admission Pro Hac Vice of Dana Berliner as counsel for Amicus Curiae, Institute for Justice.
03/13/2018Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Dana Berliner, counsel for Amicus Curiae Institute for Justice.
03/13/2018Pro hac vice motion filed  Motion in support of Motion for Admission Pro Hac Vice of Jeffrey Redfern as counsel for Amicus Curiae, Institute for Justice.
03/13/2018Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Jeffrey Redfern, counsel for Amicus Curiae Institute for Justice.
03/12/2018Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of KMS Retail Rowlett, LP.
03/09/2018Phone call from Clerk's Office  Called Institute for Justice regarding motions for admission pro hac vice.
03/09/2018Amicus Curiae Brief received  Amicus Brief of Texas Public Policy Foundation and Mr. William Peacock III. Submitted by Robert Henneke of TPPF of Austin, Texas.
02/16/2018Case Record Filed   Electronic Appellate Record received.
02/07/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief is due March 12, 2018; Response is due April 2, 2018; Reply Brief is due April 17, 2018.
02/07/2018Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of KMS Retail Rowlett, LP.
01/29/2018Record Requested in Case  Record requested from the 5th COA
01/26/2018Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than February 26, 2018; Response brief due March 19, 2018; Reply brief due April 3, 2018.
01/10/2018Notice from attorney regarding vacation dates  Vacation Notice of Arthur J. Anderson, counsel for petitioner KMS Retail Rowlett, LP.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/08/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Association of BuildersAmicus CuriaeMr. Manuel (Ned) Munoz, Jr.
Texas Municipal LeagueAmicus CuriaeMr. Scott Houston
Institute for JusticeAmicus CuriaeMr. Jeffrey H. Redfern
Ms. Dana Berliner
Mr. Arif Panju  
Texas Public Policy FoundationAmicus CuriaeMr. Robert E. Henneke
Texas Farm BureauAmicus CuriaeMr. James D. Bradbury
Ms. Courtney Cox Smith
State of TexasAmicus CuriaeMr. Ari Cuenin
Mr. Jeffrey C. Mateer
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Kyle D. Hawkins
The City of Rowlett, TexasRespondentMr. David M. Berman
Peacock, III, WilliamAmicus CuriaeMr. Robert E. Henneke
KMS Retail Rowlett, LP f/k/a KMS Retail Huntsville, LPPetitionerMr. Arthur J. Anderson
Court of Appeals Information:
Affirmed  
559 SW3d 192, 07-19-17 
5th Court of Appeals 
Honorable David W. Evans 
Trial Court Information
County Court at Law No 4 
Dallas 
Honorable William Ken Tapscott 
CC-15-01323-D