Supreme Court

Case: 23-0474    
23-0474
06/23/2023
Petition for Review/Cause under Rule 53.1
THE COMMONS OF LAKE HOUSTON, LTD. 
CITY OF HOUSTON, TEXAS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/08/2025Notice of Appeal filed  Notice of Appeal received from SCOTUS.
04/04/2025Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Commons of City of Houston, Texas.
11/20/2024Post submission brief filedRespondent Post-Submission Letter filed on behalf of City of Houston, Texas.
10/29/2024Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of City of Houston, Texas.
06/12/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief on the Merits received from Pacific Legal Foundation.
06/12/2024Brief on the MeritsPetitioner Reply Brief on the Merits filed on behalf of The Commons of Lake Houston Ltd.
05/28/2024Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of the City of Houston.
03/27/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of The Commons of Lake Houston Ltd.
11/13/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of City of Houston, Texas.
08/23/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Pacific Legal Foundation and Institute for Justice submitted by Jonathan M. Houghton of Arlington, Virginia and John Clinton Schumacher of Dawson & Sodd of Dallas, Texas.
07/24/2023Petition for ReviewPetitioner Petition for Review filed on behalf of The Commons of Lake Houston, Ltd.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/03/2024Response to Motion filed  Letter Response in Opposition to Petitiioner's Motion to Strike filed on behalf of the City of Houston, Texas.
12/03/2024Motion to Strike filed  Motion to Strike filed on behalf of The Commons of Lake Houston, Ltd.
11/20/2024Post submission brief filed  Post-Submission Letter filed on behalf of City of Houston, Texas.
11/13/2023Response to Petition  Response to Petition for Review filed on behalf of City of Houston, Texas.
10/31/2024Oral argument   Argued on behalf of Petitioner by Charles McFarland; Argued on behalf of Respondent by Collyn A. Peddie
10/29/2024Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of City of Houston, Texas.
10/26/2023Motion 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 November 13, 2023. Further requests for extensions of time for this filing will be disfavored.
10/26/2023Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of City of Houston, Texas.
10/17/2025Letter Received  Letter received from the Supreme Court of the United States.
10/17/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of the City of Houston, Texas. Oral Argument will be presented by Collyn A. Peddie of the City of Houston Legal Department.
10/17/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Commons of Lake Houston, Ltd. Oral Argument will be presented by Charles McFarland of McFarland PLLC of Houston, Texas.
09/29/2023Supreme Court of Texas Requested Response  Requested response to petition for review due no later than October 30, 2023.
09/08/2025Notice of Appeal filed  Notice of Appeal received from SCOTUS.
08/30/2024Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., October 31, 2024. Time allotted to argue: 20/20 minutes
08/30/2024Petition for Review disposedFiling granted
08/30/2024Petition for Review granted 
08/29/2023Case forwarded to Court 
08/23/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Pacific Legal Foundation and Institute for Justice submitted by Jonathan M. Houghton of Arlington, Virginia and John Clinton Schumacher of Dawson & Sodd of Dallas, Texas.
08/18/2023Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Jonathan M. Houghton’s Admission Pro Hac Vice is granted.
08/18/2023Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Jonathan M. Houghton is granted.
08/18/2023Pro hac vice motion filed  Motion of Clint Schumacher in Support of Jonathan M. Houghton’s Admission Pro Hac Vice filed on behalf of Pacific Legal Foundation.  
08/17/2023Pro hac vice motion filed  Unopposed Motion for Admission Pro Hac Vice for Jonathan M. Houghton filed on behalf of Pacific Legal Foundation.
07/24/2023Petition for Review  Petition for Review filed on behalf of The Commons of Lake Houston, Ltd.
06/23/2023Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due July 24, 2023.
06/23/2023Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of The Commons of Lake Houston, Ltd.
06/23/2023Clerk's Record 
06/23/2023Clerk's Record 
06/23/2023Court reporter/recorder's record 
06/23/2023Clerk's Record 
06/23/2023Court reporter/recorder's record 
06/12/2024Amicus Curiae Brief received  Amicus Brief on the Merits received from Pacific Legal Foundation.
06/12/2024Brief on the Merits  Reply Brief on the Merits filed on behalf of The Commons of Lake Houston Ltd.
06/09/2025Mandate issued  Mandate & Cost Bill Issued
06/06/2024Call received  Call received from counsel regarding procedure for filing amicus brief in the brief on the merits stage.
05/30/2025Motion for Rehearing - DisposedDenied
05/28/2024Brief on the Merits  Respondent's Brief on the Merits filed on behalf of the City of Houston.
05/14/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief is due May 28, 2024. Petitioner's Reply Brief is due June 12, 2024. Further requests for extensions of time for this filing will not be considered.
05/14/2024Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of the City of Houston.
04/17/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due May 16, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due May 31, 2024.
04/17/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of the City of Houston, Texas.
04/08/2025Case forwarded to Court 
04/04/2025Motion for Rehearing  Motion for Rehearing filed on behalf of Commons of City of Houston, Texas.
03/27/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of The Commons of Lake Houston Ltd.
03/21/2025Court approved judgment sent to attorneys of recordIssued
03/21/2025Opinion 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 Boyd delivered the opinion of the Court.
03/21/2025Motion to strike disposedDenied Petitioner's Motion to Strike denied
02/16/2024Motion 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 is due March 27, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due April 16, 2024. Reply Brief is due May 1, 2024.
02/16/2024Motion 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 The Commons of Lake Houston, Ltd.
01/26/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than February 26, 2024; Response brief due March 18, 2024; Reply brief due April 2, 2024.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/09/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
City of Houston, TexasRespondentMs. Lori Yount
Ms. Collyn A. Peddie
Ms. Patricia L. Casey
The Commons of Lake Houston LTDPetitionerMs. Marie D. Harlan
Mr. Charles B. McFarland
Pacific Legal Foundation & Institute For JusticeAmicus CuriaeJonathan M. Houghton
Mr. John Clinton Schumacher
Court of Appeals Information:
Reverse & Render 
698 SW3d 572, 01-12-23 
1st Court of Appeals 
Honorable Amparo "Amy" Guerra 
Trial Court Information
County Civil Court at Law No 4 
Harris 
Honorable John T. Wooldridge 
1161960