Supreme Court

Case: 19-0767    
19-0767
08/30/2019
Second Petition for Review/Cause under Rule 53.1
TEXAS PROPANE GAS ASSOCIATION 
THE CITY OF HOUSTON 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/03/2021Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of the City of Houston.
10/28/2020Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of the Texas Propane Gas Association.
10/12/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received from the State of Texas, submitted by Natalie D. Thompson of the Solicitor General's Office.
06/05/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of The City of Houston.
06/05/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Texas Propane Gas Association.
05/21/2020Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of the City of Houston.
05/21/2020Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Texas Propane Gas Association.
03/16/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of The City of Houston.
03/16/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Texas Propane Gas Association.
01/13/2020Reply to ResponseEvent related to subsequent petition filed in case. Reply in support of Petition for Review filed on behalf of City of Houston.
01/13/2020Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Texas Propane Gas Association.
12/18/2019Response to PetitionRespondent Response to Petition for Review filed on behalf of the City of Houston.
12/18/2019Response to PetitionRespondent Response to Petition for Review filed on behalf of Texas Propane Gas Association.
08/30/2019Petition for Review #2Event related to subsequent petition filed in case. Cross-Petition for Review filed on behalf of the City of Houston.
08/30/2019Petition for ReviewPetitioner Petition for Review filed on behalf of Texas Propane Gas Association.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2019MET to file reply disposed ofFiling granted Joint Motion for Extension of Time to file Replies to Petitions for Review granted. Replies due January 13, 2020. FURTHER REQUESTS FOR EXTESNIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/20/2019Motion to Extend Time to File Reply filed  Joint Motion for Extension of Time to file Replies to Petitions for Review filed on behalf of Texas Propane Gas Association and the City of Houston.
12/18/2019Response to Petition  Response to Petition for Review filed on behalf of the City of Houston.
12/18/2019Response to Petition  Response to Petition for Review filed on behalf of Texas Propane Gas Association.
11/07/2019Motion for Extension of Time to File Response disposedFiling granted in part Motion for Extension of Time to file Response to Petition for Review granted in part. Further requests for extensions of time will be disfavored. Response is due no later than December 18, 2019.
11/07/2019Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of City of Houston.
11/07/2019Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted. Response is due December18, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/07/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Texas Propane Gas Association.
11/02/2020Letter Filed  Response to Post-Submission Letter filed on behalf of the City of Houston.
10/30/2020Letter Filed  Post-Submission Letter filed on behalf of Texas Propane Gas Association.
10/29/2020Oral argument   Argued on behalf of petitioner by Jane Webre; Argued on behalf of respondent by Collyn A. Peddie
10/29/2020Oral argument   Argued on behalf of petitioner by Jane Webre; Argued on behalf of respondent by Collyn A. Peddie
10/28/2020Letter Filed  Letter Objecting to Texas Propane Gas Association's Oral Argument Exhibits filed on behalf of the City of Houston.
10/28/2020Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of the Texas Propane Gas Association.
10/18/2019Supreme Court of Texas Requested Response  Requested responses to petitions for review due no later than November 18, 2019.
10/16/2020Submission Schedule 
10/14/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form Received on behalf of The City of Houston. Argument will be presented by Collyn A. Peddie of City of Houston Legal Department in Houston, Texas.
10/12/2020Amicus Curiae Brief received  Amicus Brief received from the State of Texas, submitted by Natalie D. Thompson of the Solicitor General's Office.
10/08/2020Motion to withdraw disposed ofFiling granted Motion to Withdraw and Substitute Counsel granted
10/07/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form Received on behalf of Texas Propane Gas Association. Argument will be presented by Jane Webre of Scott Douglass & McConnico LLP in Austin, Texas.
09/30/2020Letter Filed  Letter of request for records filed on behalf of the State of Texas.
09/24/2020Phone call from Clerk's Office  Call made to counsel for the City of Houston regarding returned filing.
09/18/2020Letter sent to parties from Supreme Court - See Remarks  Letter to parties stating: "The Supreme Court of Texas set the above-referenced cause for oral submission for Thursday, October 29, 2020. 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."
(9/18/2020 5:44:05 PM) Zoom Oral Arguments Guide for Lawyers.pdf
09/17/2019Case forwarded to Court 
09/17/2019Case forwarded to Court 
09/14/2020Electronic communication received from Party  Email received from Petitioner's counsel regarding Motion to Withdraw as Counsel.
09/11/2020Motion to Withdraw Filed  Motion to Withdraw and Substitute Counsel filed on behalf of the City of Houston.
09/10/2019Response Waiver filed  Waiver of Response filed on behalf of Texas Propane Gas Association.
09/10/2019Response Waiver filed  Waiver of Response filed on behalf of the City of Houston.
08/30/2019Petition for Review #2  Cross-Petition for Review filed on behalf of the City of Houston.
08/30/2019Petition for Review  Petition for Review filed on behalf of Texas Propane Gas Association.
08/30/2019Clerk's Record 
08/28/2020Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., October 29, 2020. Time allotted to argue: 20/20 minutes
08/28/2020Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., October 29, 2020.  Time allotted to argue: 20/20 minutes
08/28/2020Petition for Review disposedFiling granted
08/28/2020Petition for Review granted 
08/28/2020Petition for Review disposedFiling granted
08/28/2020Petition for Review granted 
06/11/2021Mandate issued  Mandate & Cost Bill Issued
06/11/2021Corrected opinion  The Court's opinion issued April 16, 2021 is corrected.
06/11/2021Motion for Rehearing - DisposedDenied
06/05/2020Reply Brief  Reply Brief on the Merits filed on behalf of Texas Propane Gas Association.
06/05/2020Reply Brief  Reply Brief on the Merits filed on behalf of The City of Houston.
05/21/2020Brief on the Merits  Response Brief on the Merits filed on behalf of the City of Houston.
05/21/2020Brief on the Merits  Response Brief on the Merits filed on behalf of Texas Propane Gas Association.
05/06/2021Letter Filed  Letter filed on behalf of Texas Propane Gas Association.
05/03/2021Case forwarded to Court 
05/03/2021Motion for Rehearing  Motion for Rehearing filed on behalf of the City of Houston.
04/16/2021Court approved judgment sent to attorneys of recordIssued
04/16/2021Concurring and Dissenting Opinion deliveredIssued Justice Blacklock delivered an opinion concurring in part and dissenting in part, in which Justice Boyd joined.
04/16/2021Opinion issuedIssued
04/16/2021Opinion 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. Chief Justice Hecht delivered the opinion of the Court, in which Justice Guzman, Justice Lehrmann, Justice Devine, Justice Busby, Justice Bland and Justice Huddle joined.
(4/16/2021 5:10:10 PM) 190767cd.pdf, 190767.pdf, 19-0767.jmt.pdf
03/24/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Briefs on the Merits granted. Response Briefs due May 21, 2020. Reply Briefs due June 5, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/24/2020Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Texas Propane Gas Association and The City of Houston.
03/16/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of The City of Houston.
03/16/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Texas Propane Gas Association.
02/14/2020Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than March 16, 2020; Response brief due April 6, 2020; Reply brief due April 21, 2020.
01/13/2020Reply to Response  Reply in support of Petition for Review filed on behalf of City of Houston.
01/13/2020Reply to Response  Reply in support of Petition for Review filed on behalf of Texas Propane Gas Association.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/11/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
The State of TexasAmicus CuriaeMr. Brent Webster
Ms. Natalie Thompson
Mr. Ryan L. Bangert
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Kyle D. Hawkins
The City of HoustonRespondentMs. Tiffany Bingham
Ms. Judith Ramsey
Mr. Ronald C. Lewis
Ms. Collyn A. Peddie
Mr. Arturo G. Michel
Ms. Suzanne R. Chauvin
The Railroad Commission of TexasOther interested party Ms. Mary Elizabeth Smith
Texas Propane Gas AssociationPetitionerMr. Leonard Barton Smith
Ms. Jane M. N. Webre
Mr. William C. Cochran
Ms. Elizabeth G. Bloch
Court of Appeals Information:
Reverse & Remand 
608 SW3d 27, 07-18-19 
3rd Court of Appeals 
Honorable Chari Kelly 
Trial Court Information
261st District Court 
Travis 
Honorable Amy Clark-Meachum 
D-1-GN-17-001089