Supreme Court

Case: 19-0689    
19-0689
08/09/2019
Petition for Review/Cause under Rule 53.1
KATHLEEN POWELL & PAUL LUCCIA 
CITY OF HOUSTON, TEXAS  
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/21/2021Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of City of Houston, Texas.
01/04/2021Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of the City of Houston.
01/04/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Institute for Justice submitted by Arif Manju of the Institute for Justice in Austin, Texas.
01/04/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Land Development and Scenic Organizations submitted by Cooke Kelsey of Parker & Sanchez PLLC of Houston, Texas.
12/22/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Texas Freedom Caucus submitted by Mikael Garcia of the Texas Freedom Caucus in Austin, Texas.
09/08/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Kathleen Powell, et al.
08/06/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Legal Scholars and Historical Preservations Organizations submitted by Sara C. Bronin.
08/03/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of City of Houston, Texas.
06/29/2020Amicus Curiae Brief receivedAmicus Curiae Amicus Brief filed on behalf of the State of Texas.
06/15/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Kathleen Powell, et al.
06/13/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Kathleen Powell, et al.
02/25/2020Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Kathleen Powell, et  al.
02/10/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of The City of Houston.
12/30/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief submitted on behalf of Texas Public Policy Foundation.
11/08/2019Petition for ReviewPetitioner Petition for Review filed on behalf Kathleen Powell, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2020Submission Schedule 
12/30/2019Amicus Curiae Brief received  Amicus Curiae Brief submitted on behalf of Texas Public Policy Foundation.
12/22/2020Amicus Curiae Brief received  Amicus Curiae Brief of the Texas Freedom Caucus submitted by Mikael Garcia of the Texas Freedom Caucus in Austin, Texas.
12/10/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Amicus Curiae, Texas Public Policy Foundation. Oral Argument will be presented by Chance Weldon of Texas Public Policy Foundation of Austin, Texas.
12/10/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Respondents, City of Houston. Oral Argument will be presented by Collyn A. Peddie of City of Houston Legal Department of Houston, Texas.
12/09/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Petitioners, Kathleen Powell, et al. Oral Argument will be presented by Matthew J. Festa of Houston, Texas.
12/09/2020Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties stating: "The Supreme Court of Texas set the above-referenced cause for oral submission for Tuesday, January 5, 2021. Oral argument will be held via Zoom. Attached is a guide for attorneys participating in oral arguments via Zoom. The Clerk of the Court will contact you with further instructions.  If parties have not submitted an oral argument submission form at this time, please get it in no later than 9 a.m., December 11, 2020."
(12/9/2020 2:33:31 PM) Zoom Oral Arguments Guide for Lawyers.pdf
12/09/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Amicus Curiae, the State of Texas. Oral Argument will be presented by Lanora C. Pettit of the Office of the Texas Attorney General, Solicitor General Division of Austin, Texas.
12/04/2020Motion to Argue disposedFiling granted Motion of Amicus Curiae Texas Public Policy Foundation to Participate in Oral Argument granted.  Time allotted to argue: 10/20/5/5 minutes
12/03/2019Case forwarded to Court 
11/26/2019Response Waiver filed  Response Waiver filed on behalf of the City of Houston.
11/19/2019Call received  Call received from counsel for Petitioners regarding the returned Petition for Review.
11/19/2019Phone call from Clerk's Office  Call made to counsel for Petitioners regarding the returned Petition for Review.
11/16/2020Electronic communication received from Party  Email received from counsel for respondent stating they will not file a response.
11/14/2019Phone call from Clerk's Office  Call made to counsel for Petitioners regarding the returned Petition for Review.
11/13/2020Electronic communication sent to Party  Email sent to counsel for respondent to determine if a response will be filed to the Motion to Participate in Oral Argument.
11/13/2020Motion to Argue filed  Motion to Participate in Oral Argument filed on behalf of Texas Public Policy Foundation.
11/13/2020Motion to Argue disposedFiling granted Motion of Amicus Curiae The State of Texas to Participate in Oral Argument granted.  Time allotted to argue: 15/20/5 minutes
11/12/2021Mandate issued  Mandate & Cost Bill Issued
11/08/2019Petition for Review  Petition for Review filed on behalf Kathleen Powell, et al.
11/03/2020Response to Motion filed  Response to Motion to Participate in Oral Argument filed on behalf of City of Houston, Texas.
11/03/2020Electronic communication sent to Party  Email sent to counsel for Respondent to see if a response to the Motion to Participate in Oral Argument will be filed.
11/02/2020Motion to Argue filed  Opposed Motion to Participate in Oral Argument filed on behalf of the State of Texas.
10/09/2019Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review granted.  No further extensions of time will be considered.  Petition for Review is due no later than November 8, 2019.
10/09/2019Third Motion for Extension of Time to File Petition for Review filed  Third Motion for Extension of Time to file Petition for Review filed on behalf of Kathleen Powell, et al.
10/08/2021Supplemental Opinion 
10/08/2021Motion for Rehearing - DisposedDenied
10/02/2020Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 5, 2021.  Time allotted to argue: 20/20 minutes
10/02/2020Petition for Review disposedFiling granted
10/02/2020Petition for Review granted 
09/10/2019Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review granted.  Further requests for extensions of time will be disfavored.  Petition for Review is due no later than October 9, 2019.
09/09/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief granted. Reply Brief was timely filed on September 8, 2020.
09/09/2019Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of Kathleen Powell, et al.
09/08/2020Reply Brief  Reply Brief on the Merits filed on behalf of Kathleen Powell, et al.
09/04/2020Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Kathleen Powell, et al.
09/03/2020Call received  Call received regarding status of Reply Brief.
08/18/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of time will be disfavored. Reply brief is due no later than September 2, 2020.
08/17/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Kathleen Powell, et al.
08/12/2019Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted. Petition for Review due September 9, 2019.
08/12/2019Court reporter/recorder's record 
08/12/2019Clerk's Record 
08/09/2019Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Kathleen Powell, et al.
08/06/2020Amicus Curiae Brief received  Amicus Brief of Legal Scholars and Historical Preservations Organizations submitted by Sara C. Bronin.
08/03/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of City of Houston, Texas.
07/01/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits granted.  Further requests for extensions of time will be disfavored.  Respondent's brief is due no later than August 3, 2020; and Reply brief is due August 18, 2020.
07/01/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of City of Houston, Texas.
06/29/2020Amicus Curiae Brief received  Amicus Brief filed on behalf of the State of Texas.
06/21/2021Case forwarded to Court 
06/21/2021Motion for Rehearing  Motion for Rehearing filed on behalf of City of Houston, Texas.
06/15/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Kathleen Powell, et al.
06/13/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Kathleen Powell, et al.
06/04/2021Court approved judgment sent to attorneys of recordIssued
06/04/2021Concurring Opinion issued.Issued Justice Bland delivered a concurring opinion, in which Justice Devine, Justice Blacklock, and Justice Huddle joined.
06/04/2021Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Busby delivered the opinion of the Court, in which Chief Justice Hecht, Justice Guzman, Justice Lehrmann, and Justice Boyd joined, and in which Justice Devine, Justice Blacklock, Justice Bland, and Justice Huddle joined as to Part II.
05/13/2020Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits granted. No further extensions of time will be considered.  Petitioner's brief is due no later than June 12, 2020; Respondent's brief is due July 2, 2020; and Reply brief is due July 17, 2020.
05/12/2020Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Kathleen Powell, et al.
04/10/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief due May 13, 2020. Response Brief due June 2, 2020. Reply Brief due June 17, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
04/10/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Kathleen Powell, et al.
03/13/2020Brief on the Merits Ordered  Briefs on the merits requested:  Petitioner's brief due no later than April 13, 2020; Response brief due May 4, 2020; Reply brief due May 19, 2020.
02/25/2020Reply to Response  Reply in Support of Petition for Review filed on behalf of Kathleen Powell, et  al.
02/10/2020Response to Petition  Response to Petition for Review filed on behalf of The City of Houston.
01/10/2020Supreme Court of Texas Requested Response  Requested response to petition for review due no later than February 10, 2020.
01/05/2021Oral argument   Argued on behalf of Petitioners by Matthew J. Festa; Argued on behalf of Respondent by Collyn A. Peddie; Argued on behalf of Amicus Curiae, State of Texas, by Lanora C. Pettit; Argued on behalf of Amicus Curiae, Texas Public Policy Foundation, by Chance Weldon
01/04/2021Call received  Call received from counsel regarding time allotment for Oral Argument.
01/04/2021Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of the City of Houston.
01/04/2021Amicus Curiae Brief received  Amicus Curiae Brief of the Institute for Justice submitted by Arif Manju of the Institute for Justice in Austin, Texas.
01/04/2021Call received  Call received from amicus party to ask that the amicus brief be circulated to the Court because oral argument is set for January 5, 2021.
01/04/2021Amicus Curiae Brief received  Amicus Curiae Brief of Land Development and Scenic Organizations submitted by Cooke Kelsey of Parker & Sanchez PLLC of Houston, Texas.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
11/12/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Land DevelopersAmicus Curiae 
Foster, SheilaAmicus CuriaeMs. Sara C. Bronin
The National Trust for Historic Preservation in the United StatesAmicus CuriaeMs. Sara C. Bronin
Paul Luccia PetitionerMr. Matthew Joseph Festa
Texas Freedom CaucusAmicus CuriaeMikael Garcia
Institute for JusticeAmicus CuriaeMr. Arif Panju  
Greater Houston Preservation Alliance, Inc., dba Preservation HoustonAmicus CuriaeMs. Sara C. Bronin
City of Houston, TexasRespondentMr. Brian A. Amis
Ms. Collyn A. Peddie
The Astrodome ConservancyAmicus CuriaeMs. Sara C. Bronin
Davidson, Nestor M.Amicus CuriaeMs. Sara C. Bronin
Kathleen PowellPetitionerMr. Matthew Joseph Festa
Zale, KellenAmicus CuriaeMs. Sara C. Bronin
Rowberry, Ryan M.Amicus CuriaeMs. Sara C. Bronin
Byrne, J. PeterAmicus CuriaeMs. Sara C. Bronin
The San Antonio Conservation SocietyAmicus CuriaeMs. Sara C. Bronin
Alexander, Lisa T.Amicus CuriaeMs. Sara C. Bronin
Preservation Texas, Inc.Amicus CuriaeMs. Sara C. Bronin
Scenic OrganizationsAmicus CuriaeCooke Kelsey
The National Alliance of Preservation CommissionsAmicus CuriaeMs. Sara C. Bronin
Fox, SarahAmicus CuriaeMs. Sara C. Bronin
The Trost SocietyAmicus CuriaeMs. Sara C. Bronin
State of TexasAmicus CuriaeMr. Jeffrey C. Mateer
Ms. Bethany Rothwell
Mr. W. Kenneth Paxton
Ms. Lanora C. Pettit
Mr. Ryan L. Bangert
Mr. Kyle D. Hawkins
Preservation ActionAmicus CuriaeMs. Sara C. Bronin
Preservation DallasAmicus CuriaeMs. Sara C. Bronin
Historic Fort Worth Inc.Amicus CuriaeMs. Sara C. Bronin
Bronin, SaraAmicus CuriaeMs. Sara C. Bronin
Texas Public Policy FoundationAmicus CuriaeMr. Chance D. Weldon
Shelby Sterling
Mr. Robert E. Henneke
Preservation AustinAmicus CuriaeMs. Sara C. Bronin
Court of Appeals Information:
Affirmed  
580 SW3d 391, 06-25-19 
1st Court of Appeals 
Honorable Evelyn Keyes 
Trial Court Information
County Civil Court at Law No 1 
Harris 
Honorable George Barnstone 
1043863