Supreme Court

Case: 23-0767    
23-0767
09/20/2023
Petition for Review/Cause under Rule 53.1
SHANA ELLIOTT AND LAWRENCE KALKE 
CITY OF COLLEGE STATION, TEXAS; KARL MOONEY, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF COLLEGE STATION; AND BRYAN WOODS, IN HIS OFFICIAL CAPACITY AS THE CITY MANAGER OF THE CITY OF COLLEGE STATION 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/21/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Timberwood Park submitted by Art Martinez de Vara and Charles H. Sierra of The Martinez de Vara Law Firm, PLLC of Von Ormy, Texas.
03/20/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of The State of Texas, submitted by Aaron L. Nielson of The Office of the Attorney General of Texas.
09/27/2024Supplemental Letter BriefRespondent Supplemental Letter Brief filed on behalf of the City of College Station, et al.
09/27/2024Amicus Curiae Letter ReceivedReceived (instead of filed) Supplemental Amicus Curiae Letter Brief received on behalf of the Bexar County Emergency Services District Association, et al., submitted by Adrian A. Spears II, et al., of The Martinez de Vara Law Firm, PLLC, in Von Ormy, Texas.
08/28/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Bexar County Emergency Services District Association, et al., submitted by Art Martinez de Vara, et al. of the Martinez de Vara Law Firm, PLLC, in Von Ormy, Texas.
08/21/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of The Goldwater Institute, submitted by Katrina G. Eash and Courtney E. Rimann of Winston & Strawn LLP, of Dallas, Texas.
07/31/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Municipal League submitted by Ramon G. Viada III of Viada & Strayer from The Woodlands, Texas.
06/04/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Shana Elliott, et al.
05/20/2024Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of the City of College Station, Texas, et al.
04/08/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Shana Elliot, et al.
02/15/2024Reply to Response to Petition filed Petitioner Reply in support of Petition for Review filed on behalf of Shana Elliot, et al.
01/31/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of City of College Station, Texas, et al.
09/20/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Shana Elliott, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
08/26/2025Mandate issued  Mandate & Cost Bill Issued
06/26/2025Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due July 28, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
06/23/2025Motion for Extension of Time to File Motion for Rehearing  Unopposed Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Shana Elliott, et al.
05/23/2025Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due June 26, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/22/2025Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Shana Elliott, et al.
05/09/2025Court approved judgment sent to attorneys of recordIssued
05/09/2025Concurring and Dissenting Opinion deliveredIssued Justice Sullivan filed an opinion concurring in part and dissenting in part.
05/09/2025Opinion issuedCourt of Appeals' judgment vacted; remanded to trial court The Court vacates the court of appeals' opinion and the judgments of the lower courts and remands the case to the trial court. Justice Devine delivered the opinion of the Court, in which Chief Justice Blacklock, Justice Lehrmann, Justice Boyd, Justice Busby, Justice Bland, Justice Huddle, and Justice Young joined
(5/9/2025 2:11:18 PM) 230767cd.pdf, 230767.pdf, 23-0767.jmt.pdf
03/21/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Timberwood Park submitted by Art Martinez de Vara and Charles H. Sierra of The Martinez de Vara Law Firm, PLLC of Von Ormy, Texas.
03/20/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of The State of Texas, submitted by Aaron L. Nielson of The Office of the Attorney General of Texas.
03/05/2025Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to File Brief for Amicus Curiae The State of Texas granted.  Brief due March 20, 2025.
03/03/2025Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Solicitor General's Brief filed on behalf of the State of Texas.
01/30/2025Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to File Brief for Amicus Curiae The State of Texas granted.  Brief due March 10, 2025.
01/29/2025Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Solicitor General's Brief filed on behalf of the State of Texas.
01/17/2025Solicitor general invited to file brief  Letter sent stating: "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 February 7, 2025. The Solicitor General should notify the Court on or before January 24, 2025 if a brief will not be filed."
01/15/2025Oral argument   Argued on behalf of Petitioners by Chance D. Weldon; Argued on behalf of Respondents by Allison S. Killian and John J. Hightower
01/13/2025Letter Filed  Notice of Supplemental Authority filed on behalf of Shana Elliot, et al.
12/30/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of City of College Station, Texas, et al. Oral Argument will be presented by Allison S. Killian and John J. Hightower of Olson & Olson, LLP of Houston, Texas.
11/15/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Shana Elliot, et al. Oral Argument will be presented by Chance D. Weldon of Texas Public Policy Foundation of Austin, Texas.
10/18/2024Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 15, 2025. Time allotted to argue: 20/20 minutes
10/18/2024Petition for Review disposedFiling granted
10/18/2024Petition for Review granted 
09/27/2024Letter Filed  Letter of Supplemental Authorities filed on behalf of Shana Elliott, et al.
09/27/2024Supplemental Letter Brief  Supplemental Letter Brief filed on behalf of the City of College Station, et al.
09/27/2024Amicus Curiae Letter Received  Supplemental Amicus Curiae Letter Brief received on behalf of the Bexar County Emergency Services District Association, et al., submitted by Adrian A. Spears II, et al., of The Martinez de Vara Law Firm, PLLC, in Von Ormy, Texas.
09/06/2024Call received  Call from counsel inquiring about format for requested letter brief.
08/30/2024Supreme Court requests parties to file additonal briefs  Letter sent to parties stating: "The Supreme Court of Texas requests that the parties file supplemental letter briefs addressing the following question: How is this case affected by the enactment in 2023 of Senate Bill 2038, which added sections 42.101–.105 to the Local Government Code? The parties should address any questions of mootness, whether this case remains important to the jurisprudence, and any other matters affected by the new legislation that are relevant to the Court’s review of this case. The supplemental briefs are due no later than Friday, September 27, 2024."
08/28/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Bexar County Emergency Services District Association, et al., submitted by Art Martinez de Vara, et al. of the Martinez de Vara Law Firm, PLLC, in Von Ormy, Texas.
08/21/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of The Goldwater Institute, submitted by Katrina G. Eash and Courtney E. Rimann of Winston & Strawn LLP, of Dallas, Texas.
07/31/2024Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Municipal League submitted by Ramon G. Viada III of Viada & Strayer from The Woodlands, Texas.
06/04/2024Reply Brief  Reply Brief on the Merits filed on behalf of Shana Elliott, et al.
05/20/2024Brief on the Merits  Respondents' Brief on the Merits filed on behalf of the City of College Station, Texas, et al.
04/26/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondents' Brief on the Merits is granted. Respondents' Brief is due May 20, 2024. Petitioner's Reply Brief is due June 4, 2024. Further requests for extensions of time for this filing will be disfavored.
04/25/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of the City of College Station, Texas, et al.
04/08/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Shana Elliot, et al.
03/08/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than April 8, 2024; Response brief due April 29, 2024; Reply brief due May 14, 2024.
02/15/2024Reply to Response to Petition filed   Reply in support of Petition for Review filed on behalf of Shana Elliot, et al.
01/31/2024Response to Petition  Response to Petition for Review filed on behalf of City of College Station, Texas, et al.
12/27/2023Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Further requests for extensions of time will be disfavored. Response is due no later than February 1, 2024.
12/27/2023Motion 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 College Station, Texas, et al.
12/01/2023Supreme Court of Texas Requested Response  Requested response to petition for review due no later than January 2, 2024.
10/24/2023Case forwarded to Court 
10/19/2023Response Waiver filed  Response Waiver filed on behalf of City of College Station, Texas, et al.
09/20/2023Petition for Review  Petition for Review filed on behalf of Shana Elliott, et al.
09/20/2023Court reporter/recorder's record 
09/20/2023Clerk's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/26/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Kalke, LawrencePetitionerMr. Robert E. Henneke
Christian Townsend
Mr. Chance D. Weldon
The State of TexasAmicus CuriaeMr. Aaron Nielson
Bexar County Emergency Services District Association and the Bexar County Emergency Services District Number 5Amicus CuriaeMr. Arturo Martinez De Vara
Mr. Robert W. Wilson
Mr. Charles H. Sierra
Mr. Adrian A. Spears II
Timberwood ParkAmicus CuriaeMr. Charles H. Sierra
Mr. Arturo Martinez De Vara
Texas Municipal LeagueAmicus CuriaeMr. Ramon G. Viada III
Office Of The Attorney GeneralOther interested party Mr. Aaron Nielson
Mr. Rance L. Craft
Karl Mooney, Mayor of the City of College StationRespondentMs. Allison S. Killian
Adam C. Falco
Mr. John J. Hightower
City of College Station, TexasRespondentAdam C. Falco
Mr. John J. Hightower
Ms. Allison S. Killian
Bryan Woods, City Manager of the City of College StationRespondentMr. John J. Hightower
Ms. Allison S. Killian
Adam C. Falco
Goldwater InstituteAmicus CuriaeMs. Katrina Eash
Ms. Courtney Rimann
Elliott, ShanaPetitionerMr. Chance D. Weldon
Christian Townsend
Mr. Robert E. Henneke
Court of Appeals Information:
Affirmed  
674 SW3d 653, 08-31-23 
6th Court of Appeals 
Honorable Daymon Jeffrey Rambin 
Trial Court Information
85th District Court 
Brazos 
Honorable Kyle Hawthorne 
22-001122-CV-85