Supreme Court

Case: 23-0138    
23-0138
02/21/2023
Petition for Review/Cause under Rule 53.1
ONCOR ELECTRIC DELIVERY COMPANY NTU, LLC 
WILBARGER COUNTY APPRAISAL DISTRICT AND WILBARGER COUNTY APPRAISAL REVIEW BOARD 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/05/2024Post submission brief filedRespondent Post Submission Brief filed on behalf of Wilbarger County Appraisal District, et al.
04/02/2024Post submission brief filedPetitioner Post Submission Brief filed on behalf of Oncor Electric Delivery Company NTU LLC.
03/21/2024Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Wilbarger County Appraisal District, et al.
02/23/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Metropolitan Council of Appraisal Districts. Submitted by Eric C. Farrar of Perdue Brandon Fielder Collins & Mott, L.L.P from Garland, Texas.
01/10/2024Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Oncor Electric Delivery Company NTU, LLC.
11/20/2023Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Wilbarger County Appraisal District, et al.
11/01/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Oncor Electric Delivery Company NTU, LLC.
07/03/2023Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Oncor Electric Delivery Company NTU, LLC.
06/01/2023Amended Response to Petition for Review filedRespondent Amended Response to Petition for Review filed on behalf of Wilbarger County Appraisal District, et al.
05/30/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Wilbarger County Appraisal District, et al.
02/21/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Oncor Electric Delivery Company NTU, LLC.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/12/2023Motion 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 January 10, 2024.
12/12/2023Call received  Called received from Petitioner regarding status of case.
12/06/2023Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Oncor Electric Delivery Company NTU, LLC.
11/20/2023Brief on the Merits  Response Brief on the Merits filed on behalf of Wilbarger County Appraisal District, et al.
11/17/2023Motion 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 November 27, 2023; and Reply brief is due December 12, 2023.
11/16/2023Motion 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 Wilbarger County Appraisal District, et al.
11/01/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Oncor Electric Delivery Company NTU, LLC.
09/22/2023Motion 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 will be disfavored. Petitioner's brief is due no later than November 1, 2023; Respondent's brief is due November 21, 2023; and Reply brief is due December 6, 2023.
09/21/2023Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Peittioner's Brief on the Merits filed on behalf of Oncor Electric Delivery Company NTU, LLC.
09/01/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due October 2, 2023; Response brief due October 23, 2023; Reply brief due November 7, 2023.
08/01/2024Mandate issued  Mandate & Cost Bill Issued
07/03/2023Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Oncor Electric Delivery Company NTU, LLC.
06/21/2024Court approved judgment sent to attorneys of recordIssued
06/21/2024Opinion 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. Justice Busby delivered the opinion of the Court.
(6/21/2024 11:27:28 AM) 230138 & 230145.pdf, 23-0138.jmt.pdf
06/06/2023MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due July 3, 2023. Further requests for extensions of time will be disfavored.
06/06/2023Motion to Extend Time to File Reply filed  Unopposed Motion to for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Oncor Electric Delivery Company NTU, LLC.
06/01/2023Motion to Amend disposedFiling granted Motion to Amend Response is granted.
06/01/2023Amended Response to Petition for Review filed  Amended Response to Petition for Review filed on behalf of Wilbarger County Appraisal District, et al.
06/01/2023Motion to Amend Filed  Motion to Amend Response to Petition for Review filed on behalf of Wilbarger County Appraisal District, et al.
05/30/2023Call received  Call from counsel for Petitioner regarding Response being over word limit.
05/30/2023Response to Petition  Response to Petition for Review filed on behalf of Wilbarger County Appraisal District, et al.
05/30/2023Call received  Call from Respondent stating they inadvertently filed duplicate responses in the efile system.
04/28/2023Supreme Court of Texas Requested Response  Response requested to Petition for Review. Response is due no later than May 30, 2023.
04/24/2023Response Waiver filed  Response Waiver filed on behalf of Wilbarger County Appraisal Review Board.
04/24/2023Notice of Appearance  Notice of Appearance of Counsel filed on behalf of Wilbarger County Appraisal Review Board.
04/05/2024Post submission brief filed  Post Submission Brief filed on behalf of Wilbarger County Appraisal District, et al.
04/02/2024Post submission brief filed  Post Submission Brief filed on behalf of Oncor Electric Delivery Company NTU LLC.
03/28/2023Case forwarded to Court 
03/21/2024Oral argument   Argued on behalf of Petitioner/Respondent, Oncor, by Marnie A. McCormick; Argued on behalf of Petitioner, Mills Central Appraisal District, by James R. Evans, Jr.; Argued on behalf of Respondent, Wilbarger County Appraisal District, by Kirk Swinney
03/21/2024Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Wilbarger County Appraisal District, et al.
03/07/2024Electronic communication sent to Party  E-mail sent to counsel regarding oral argument schedule.
03/07/2024Call received  Call received from Petitioners Counsel.
03/05/2024Oral Argument Submission Form from Attorney received  Respondent's Oral Argument Submission form filed received on behalf of Wilbarger County AppraiSal District. Oral Argument will be presented by Kirk Swinney of Low Swinney Evans & James, PLLC, Cedar Park, Texas.
03/05/2024Oral Argument Submission Form from Attorney received  Petitioner's Oral Argument Submission form received on behalf of Oncor Electric Delivery Company NTU, LLC. Oral argument will be presented by Marnie A. McCormick of Duggins Wren Mann & Romero, LLP of Austin, Texas.
03/05/2024Call received  Call from counsel's office for Petitioner regarding submission of oral argument form in the consolidated case.
02/23/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Metropolitan Council of Appraisal Districts. Submitted by Eric C. Farrar of Perdue Brandon Fielder Collins & Mott, L.L.P from Garland, Texas.
02/23/2023Response Waiver filed  Response Waiver filed on behalf of Wilbarger County Appraisal District.
02/21/2023Call received  Call received from counsel for petitioner regarding petition for review that has been returned for correction.
02/21/2023Petition for Review  Petition for Review filed on behalf of Oncor Electric Delivery Company NTU, LLC.
02/21/2023Supplement to Clerk's/Reporter's Record 
02/21/2023Court reporter/recorder's record 
02/21/2023Clerk's Record 
02/21/2023Supplement to Clerk's/Reporter's Record 
02/21/2023Court reporter/recorder's record 
02/16/2024Case set for oral argumentCase set for oral argument Consolidated for oral argument with case no. 23-0145 set for oral argument at 9:00 a.m., March 21, 2024. Time allotted to argue: 20/20 minutes
02/16/2024Petition for Review disposedFiling granted
02/16/2024Petition for Review granted 
01/10/2024Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Oncor Electric Delivery Company NTU, LLC.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/01/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Wilbarger County Appraisal DistrictRespondentMr. James Robert Evans Jr.
Ms. Erin Gaines
Mr. Ryan L. James
Mr. D. Kirk Swinney
Ms. Marjorie Bachman
Metropolitan Council of Appraisal DistrictsAmicus CuriaeMr. Eric C. Farrar  
Mr. Christopher Scott Jackson
Mr. Andrew Dylan Wood
Wilbarger County Appraisal Review BoardRespondentMr. Jonathan Whitsitt
Oncor Electric Delivery Company NTU LLCPetitionerMr. David Hitchcock Gilliland
Ms. Marnie A. McCormick
Court of Appeals Information:
Reverse & Render 
660 SW3d 760, 10-25-22 
7th Court of Appeals 
Honorable Judy C. Parker 
Trial Court Information
46th District Court 
Wilbarger 
Honorable Dan Mike Bird 
29118