| Date▲▼ | Event Type▲▼ | Disposition▲▼ | Remarks | Document |
| 12/28/2021 | Call received | |
Call from Attorney General's Office regarding filing an oral argument submission form.
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| 12/28/2020 | Brief on the Merits | |
Respondent's Brief on the Merits filed on behalf of Texas Central Railroad & Infrastructure, Inc., et al.
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| 12/27/2021 | Oral Argument Submission Form from Attorney received | |
Respondents' Oral Argument Submission Form filed on behalf of Texas Central Railroad & Infrastructure, Inc. and Integrated Texas Logistics, Inc.
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| 12/27/2021 | Oral Argument Submission Form from Attorney received | |
Petitioner's Oral Argument Submission Form filed on behalf of James Fredrick Miles
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| 12/22/2021 | Motion to Argue filed | |
Unopposed Motion to Participate in and Extend Oral Argument received on behalf of State of Texas.
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| 12/17/2021 | Amicus Curiae Brief received | |
Amicus Curiae Brief received on behalf of the State of Texas, submitted by Judd E. Stone II, of the Office of the Attorney General of Texas, Austin, Texas.
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| 12/13/2021 | Amicus Curiae Letter Received | |
Amicus Letter received on behalf of Texas Aggregates and Concrete Association. Submitted by Christopher Pepper of Austin, Texas.
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| 12/10/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of Greater Houston Partnership, submitted by Sarah Lacy of Austin, Texas
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| 12/10/2020 | Brief on the Merits | |
Petitioner's Brief on the Merits filed on behalf of James Fredrick Miles.
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| 12/03/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of the Regional Black Contractors Association, submitted by Charles A. Caldwell, II, of Dallas, Texas.
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| 12/02/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of the Texas Association of Business, submitted by David G. Cabrales, of Foley Gardere LLP of Dallas, Texas.
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| 11/18/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter Received from City of Fort Worth submitted by Mayor Mattie Parker.
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| 11/12/2020 | Motion for Extension of Time disposed. | Filing granted |
Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief on the Merits is due December 10, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief on the Merits is due December 30, 2020. Reply Brief is due January 14, 2021.
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| 11/11/2020 | Motion 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 James Fredrick Miles.
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| 11/03/2020 | Case Record Filed | |
Record received from the 13th Court of Appeals.
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| 11/03/2020 | Case Record Filed | |
Record received from the 13th Court of Appeals.
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| 11/03/2020 | Case Record Filed | |
Record received from the 13th Court of Appeals.
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| 11/03/2020 | Case Record Filed | |
Record received from the 13th Court of Appeals.
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| 11/03/2020 | Case Record Filed | |
Record received from the 13th Court of Appeals.
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| 11/03/2020 | Case Record Filed | |
Record received from the 13th Court of Appeals.
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| 11/03/2020 | Case Record Filed | |
Record received from the 13th Court of Appeals.
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| 11/03/2020 | Phone call from Clerk's Office | |
Call made to the 13th Court of Appeals Clerk's Office regarding the record.
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| 10/20/2021 | Letter Received | |
Letter received from the Solicitor General on behalf of the State of Texas.
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| 10/19/2020 | Record Requested in Case | |
Record requested from the 13th COA
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| 10/16/2020 | Brief on the Merits Ordered | |
Brief on the merits requested: Petitioner's brief due no later than November 16, 2020; Response brief due December 7, 2020; Reply brief due December 22, 2020.
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| 10/15/2021 | Solicitor general invited to file brief | |
The Solicitor General is invited to file a brief in the above-referenced case expressing the views of the State. The brief should comply with Tex. R. App. P. 55.3 and be filed on or before November 15, 2021. The Solicitor General should notify the Court on or before October 22, 2021, if a brief will not be filed or if additional time to respond will be necessary.
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| 10/15/2021 | Case set for oral argument | Case set for oral argument |
This case has been set for oral argument at 9:00 a.m., January 11, 2022. Time allotted to argue: 20/20 minutes (Justice Bland not participating)
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| 10/15/2021 | Petition for Review disposed | Filing granted |
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| 10/15/2021 | Petition for Review granted | |
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| 10/15/2021 | Petition Reinstated | |
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| 10/15/2021 | Previous Order of the Court withdrawn | |
Denial order issued June 18, 2021 is withdrawn. Petition for Review reinstated.
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| 10/15/2021 | Motion for Rehearing - Disposed | Filing granted |
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| 10/08/2021 | Electronic communication received from Party | |
Email received from Amicus Party regarding struck document
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| 10/08/2021 | Electronic communication sent to Party | |
Email sent to Amicus Party regarding struck document.
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| 10/08/2021 | Phone call from Clerk's Office | |
Call made to Amicus Party regarding struck document.
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| 10/06/2021 | Amicus Curiae Letter Received | |
Amicus Letter received on behalf of Royce West.
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| 10/05/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of Christian D. Menefee, Rodney Ellis, and Adrian Garcia.
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| 10/02/2020 | Amicus Curiae Brief received | |
Amicus Curiae Brief of Delta Troy Interests, Ltd. submitted by Scott A. Brister of Hunton Andrews Kurth LLP of Austin, Texas.
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| 10/01/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of Metropolitan Transit Authority of Harris County, Texas submitted by Cydonii V. Fairfax.
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| 09/30/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of the City of Dallas submitted by Eric Johnson.
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| 09/29/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of Dallas County submitted by Clay Jenkins.
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| 09/29/2021 | Phone call from Clerk's Office | |
Call made to Amicus Party regarding struck document.
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| 09/29/2021 | Electronic communication sent to Party | |
Email sent to Amicus Party regarding struck document.
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| 09/29/2021 | Amicus Curiae Letter Received | |
STRUCK | Amicus Letter received on behalf of Texas Rail Advocates submitted by Peter J. LeCody.
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| 09/22/2021 | Notice of Appearance | |
Notice of Appearance of Collyn A. Peddie filed on behalf of The City of Houston.
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| 09/22/2021 | Call received | |
Call received on behalf of the City of Houston regarding their amicus letter.
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| 09/22/2021 | Amicus Curiae Letter Received | |
Amicus Letter received on behalf of the City of Houston.
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| 09/21/2020 | Letter Filed | |
Letter field on behalf of Texas Central Railroad & Infrastructure, Inc., et al.
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| 09/21/2020 | Reply to Response to Petition filed | |
Reply in Support of Petition for Review filed on behalf of James Fredrick Miles.
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| 09/21/2020 | Amicus Curiae Brief received | |
Amicus Curiae Brief received on behalf of Texas and Southwestern Cattle Raisers Association submitted by James D. Bradbury of Austin, Texas.
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| 09/20/2021 | Amicus Curiae Letter Received | |
Amicus Letter received on behalf of North Texas Commission submitted by Jennifer Shelley Rodriguez.
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| 09/20/2021 | Response to Motion for Rehearing | |
Response to Motion for Rehearing filed on behalf of Texas Central Railroad & Infrastructure, Inc., et al.
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| 09/16/2021 | Amicus Curiae Brief received | |
Amicus Curiae Brief received on behalf of Randal O'Toole of Washington, D.C.
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| 09/16/2020 | Amicus Curiae Brief received | |
Amicus Curiae Brief of SNCF America, Inc. submitted by Christopher M. Odell of Arnold & Porter Kaye Scholer LLP of Houston, Texas.
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| 09/09/2020 | MET to file reply disposed of | Filing granted |
Motion for Extension of Time to file Reply in support of Petition for Review granted. Reply due September 21, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 09/08/2020 | Motion to Extend Time to File Reply filed | |
Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of James Fredrick Miles.
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| 09/03/2021 | Supreme Court of Texas Requested Response | |
Requested response to motion for rehearing due no later than September 20, 2021.
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| 09/01/2020 | Case forwarded to Court | |
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| 08/28/2020 | Response to Petition | |
Response to Petition for Review filed on behalf of Texas Central Railroad & Infrastructure, Inc., et al.
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| 08/18/2020 | Call received | |
Call received from counsel for Amicus the Texas Farm Bureau regarding returned filing.
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| 08/18/2020 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of Texas Farm Bureau submitted by Andy McSwain of Beard Kultgen Brophy Bostwick & Dickson, PLLC of Waco, Texas.
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| 08/17/2021 | Amicus Curiae Brief received | |
Amicus Curiae Brief received on behalf of Jake Ellzey.
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| 08/12/2021 | Amicus Curiae Letter Received | |
Amicus Letter received on behalf of Sid Miller.
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| 08/10/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of Texas and Southwestern Cattle Raisers Association submitted by James D. Bradbury of James D. Bradbury, PLLC, of Austin, Texas.
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| 08/06/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Brief received on behalf of James White.
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| 08/04/2021 | Phone call from Clerk's Office | |
Call made to counsel for the Thomas Family to update contact information.
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| 08/04/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of Ben Leman, et al.
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| 08/03/2022 | Mandate issued | |
Mandate & Cost Bill Issued
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| 08/03/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of the Thomas Family submitted by Lance Thomas of Albany, Texas.
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| 08/03/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of Texas Farm Bureau submitted by Andy McSwain of Beard Kultgen Brophy Bostwick & Dickson, PLLC of Waco, Texas.
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| 08/03/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of Calvin House, et al. submitted by Daniel J. Sheehan of Daniel Sheehan & Associates of Dallas, Texas.
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| 08/03/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of William H. Getzendaner, Jr. submitted by Ronald E. Bunch of Waxahachie, Texas.
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| 08/03/2021 | Case forwarded to Court | |
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| 08/02/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of KSA Industries Inc. submitted by David B. Hurst of Houston, Texas.
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| 08/02/2021 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of James Darren Eagle submitted by Derek D. Rollins of Shackelford, Bowen, McKinley & Norton, LLP of Dallas, Texas.
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| 07/31/2020 | Petition for Review | |
Petition for Review filed on behalf of James Fredrick Miles.
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| 07/29/2021 | Motion for Rehearing | |
Motion for Rehearing filed on behalf of James Fredrick Miles.
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| 07/16/2020 | Second Motion for Extension of Time to File Petition for Review disposed | Filing granted |
2nd Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due on July 31, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 07/16/2020 | Second Motion for Extension of Time to File Petition for Review filed | |
2nd unopposed Motion for Extension of Time to file Petition for Review filed on behalf of James Fredrick Miles.
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| 06/25/2021 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted |
Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due no later than July 30, 2021.
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| 06/24/2022 | Miscellaneous motion disposed. See Remarks. | Filing dismissed as moot |
Motion to Disregard Post Submission Letter dismissed as moot
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| 06/24/2022 | Dissenting opinion issued. | Issued |
Justice Huddle filed a dissenting opinion, in which Justice Devine and Justice Blacklock joined.
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| 06/24/2022 | Dissenting opinion issued. | Issued |
Justice Devine filed a dissenting opinion.
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| 06/24/2022 | Concurring Opinion issued. | Issued |
Justice Young filed a concurring opinion.
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| 06/24/2022 | Concurring Opinion issued. | Issued |
Chief Justice Hecht filed a concurring opinion, in which Justice Young joined.
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| 06/24/2022 | Court approved judgment sent to attorneys of record | Issued |
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| 06/24/2022 | Opinion issued | Court of Appeals' judgment affirmed |
The Court affirms the court of appeals' judgment. Justice Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Boyd, Justice Busby, and Justice Young joined. (6/24/2022 4:03:13 PM) 200393d2.pdf, 200393d1.pdf, 200393c2.pdf, 200393c1.pdf, 200393.pdf, 20-0393.jmt.pdf
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| 06/24/2021 | Motion for Extension of Time to File Motion for Rehearing | |
Motion for Extension of Time to file Motion for Rehearing filed on behalf of James Fredrick Miles.
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| 06/21/2022 | Letter Filed | |
Response to Various Amicii filed on behalf of Texas Central Railroad and Infrastructure, Inc., et al.
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| 06/18/2021 | Petition for Review disposed | Denied with Justice not sitting. |
(Justice Bland not participating)
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| 06/16/2022 | Supplement to Amicus Curiae | |
Supplemental Amicus Letter received on behalf of Calvin House submitted by Daniel J. Sheehan, of Dallas, Texas.
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| 05/23/2022 | Amicus Curiae Letter Received | |
Amicus Letter received from Robert H. Leilich.
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| 05/16/2022 | Amicus Curiae Letter Received | |
Amicus Curiae Letter Brief received from Certain Members of Congress representing Texas, submitted by Kevin Brady, et al.
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| 05/13/2020 | Motion for Extension of Time to File Petition for Review disposed | Filing granted |
Motion for Extension of Time to file Petition for Review granted. Petition for Review is due no later than July 22, 2020.
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| 05/13/2020 | Motion for Extension of Time to File Petition for Review filed | |
Motion for Extension of Time to file Petition for Review filed on behalf of James Fredrick Miles.
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| 04/14/2022 | Supplement to Amicus Curiae | |
Supplemental Amicus Curiae Letter received on behalf of Ben Leman, et al.
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| 03/30/2022 | Supplement to Amicus Curiae | |
Supplemental Amicus Curiae Letter recieved on behalf of Grimes County, et al., submitted by Elton Mathis of Waller County, Texas.
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| 03/19/2021 | Amicus Curiae Brief received | |
Amicus Curiae Brief received on behalf of Texas Farm Bureau submitted by Andy McSwain of Beard Kultgen Brophy Bostwick & Dickson, PLLC of Waco, Texas.
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| 02/22/2021 | Amicus Curiae Brief received | |
Amicus Curiae Brief of Waller County, et al. submitted by Elton Mathis of Hempstead, Texas.
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| 02/17/2022 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of the Texas Pipeline Association submitted by Thomas A. Zabel of Zabel and Freeman of Houston, Texas.
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| 02/11/2021 | Surreply filed | |
Sur-Reply Brief to Petitioner’s Brief in Reply and SNCF America, Inc.'s Amicus Brief filed on behalf of Texas Central Railroad & Infrastructure, Inc., et al.
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| 02/11/2021 | Amicus Curiae Brief received | |
Amended Amicus Curiae Brief of Delta Troy Interests, Ltd. submitted by Scott Brister of Hunton Andrews Kurth, LLP in Austin, Texas.
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| 02/03/2022 | Miscellaneous Motion | |
Motion to Disregard Post Submission Letter filed on behalf of James Fredrick Miles.
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| 01/25/2021 | Reply Brief | |
Reply Brief on the Merits filed on behalf of James Fredrick Miles.
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| 01/25/2021 | Amicus Curiae Brief received | |
Amicus Curiae Brief of SNCF America, Inc. submitted by Christopher M. Odell of Arnold & Porter Kaye Scholer LLP of Houston, Texas.
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| 01/20/2022 | Post submission brief filed | |
Post Submission Letter filed on behalf of Texas Central Railroad & Infrastructure, Inc., et al.
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| 01/19/2021 | Call received | |
Call received from the Court of Appeals Clerk's Office verifying the record was received.
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| 01/13/2022 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of the South Texans' Property Rights Association, submitted by Zachary S. Brady, et al., of Brady & Hamilton, LLP, Lubbock, Texas.
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| 01/12/2021 | Motion for Extension of Time disposed. | Filing granted |
Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief due January 25, 2021. Further requests for extensions of time for this filing will be disfavored.
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| 01/12/2021 | Call received | |
Call received from counsel for petitioner regarding filing.
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| 01/11/2022 | Oral argument | |
Argued on behalf of petitioner by Jeffrey S. Levinger; Argued on behalf of respondents by Marie R. Yeates; Argued on behalf of amicus curiae, The State of Texas, by Judd E. Stone II
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| 01/11/2022 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of Colin Allred, et al.
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| 01/11/2021 | Motion for Extension of Time to File Brief filed | |
Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of James Fredrick Miles.
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| 01/10/2022 | Amicus Curiae Brief received | |
Amicus Curiae Brief filed on behalf of Harris County Commissioners Rodney Ellis and Adrian Garcia, submitted by Christian D. Menefee, et al. of Harris County Attorney's Office.
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| 01/10/2022 | Amicus Curiae Brief received | |
Amicus Curiae Brief received on behalf of Dallas Regional Chamber, et al., submitted by Scott A. Keller, et al., of Lehotsky Keller LLP, Austin, Texas.
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| 01/10/2022 | Amicus Curiae Brief received | |
Amicus Curiae Brief received on behalf of Greater Houston Partnership, et al., submitted by William Boyce of Alexander Dubose & Jefferson LLP, Austin, Texas.
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| 01/10/2022 | Electronic communication sent to Party | |
Call and Email sent to attorneys regarding an update on oral argument. The courtroom of the Supreme Court of Texas is closed to the public for oral arguments January 11-13, 2022. Admission is limited to counsel and those accompanying them in cases on the submission schedule, and public officials. As always, oral arguments are webcast live on our YouTube channel, and recordings are available later in the archives at the TexasBarCLE website.
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| 01/07/2022 | Submission Schedule | |
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| 01/06/2022 | Notice from Counsel of a change in address | |
Notice of Change of Address filed on behalf of James Fredrick Miles.
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| 01/06/2022 | Oral Argument Submission Form from Attorney received | |
Oral Argument Submission Form filed on behalf of Amicus Curiae Party The State of Texas. Oral Argument will be presented by Judd E. Stone II of the Office of the Attorney General of Texas.
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| 01/06/2022 | Amicus Curiae Letter Received | |
Amicus Curiae Letter received on behalf of the American Council of Engineering Companies of Texas, submitted by Peyton McKnight of Austin, Texas.
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| 01/03/2022 | Exhibits in case/cause filed | |
Oral Argument Exhibits filed on behalf of Texas Railroad & Infrastructure, Inc. and Integrated Texas Logistics, Inc.
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| 01/03/2022 | Response to Amicus Curiae Brief filed | |
Response to Amicus Brief filed on behalf of Texas Railroad & Infrastructure, Inc. and Integrated Texas Logistics, Inc.
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| 01/03/2022 | Motion to Argue disposed | Filing granted in part |
Unopposed Motion of Amicus Curiae The State of Texas to Participate is granted. Request to Extend Oral Argument denied.
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| 01/03/2022 | Letter sent to parties from Supreme Court - See Remarks | |
Letter sent to parties regarding additional oral argument information.
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