Supreme Court

Case: 23-0842    
23-0842
10/10/2023
Petition for Review/Cause under Rule 53.1
PDT HOLDINGS, INC., AND PHILLIP THOMPSON HOMES, INC. D/B/A PHILLIP THOMPSON CUSTOM HOMES 
CITY OF DALLAS AND THE BOARD OF ADJUSTMENT OF THE CITY OF DALLAS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/31/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Wolfgang P. Hirczy De Mino of Bellaire, Texas.
02/10/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of Texas Municipal League, et al.  Submitted by Mr. R. Michael Northrup with Cowles & Thompson, P.C. of Dallas, Texas.
11/26/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of PDT Holdings, Inc., et al.
10/25/2024Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of the City of Dallas, et al.
08/22/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of PDT Holdings, Inc., et al.
04/19/2024Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of PDT Holdings, Inc., et al.
03/21/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of the City of Dallas.
12/13/2023Petition for ReviewPetitioner Petition for Review filed on behalf of PDT Holdings, Inc., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2024Case 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
12/20/2024Petition for Review disposedFiling granted
12/20/2024Petition for Review granted 
12/19/2023Case forwarded to Court 
12/14/2023Response Waiver filed  Response Waiver filed on behalf of City of Dallas.
12/13/2023Petition for Review  Petition for Review filed on behalf of PDT Holdings, Inc., et al.
11/26/2024Reply Brief  Reply Brief on the Merits filed on behalf of PDT Holdings, Inc., et al.
11/13/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due November 26, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/12/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of PDT Holdings, Inc., et al.
11/10/2023Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due December 13, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/10/2023Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of PDT Holdings, Inc., et al.
10/25/2024Brief on the Merits  Respondents' Brief on the Merits filed on behalf of the City of Dallas, et al.
10/10/2023Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due November 13, 2023.
10/10/2023Motion 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 PDT Holdings, Inc., et al.
10/10/2023Court reporter/recorder's record 
10/10/2023Clerk's Record 
10/10/2023Clerk's Record 
10/09/2024Motion 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 no later than October 25, 2024. Petitioner's Reply Brief is due November 12, 2024. Further requests for extensions of time for this filing will not be considered.
10/09/2024Motion 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 Dallas, et al.
09/09/2024Motion 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 October 11, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due October 28, 2024.
09/09/2024Motion 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 City of Dallas, et al.
08/22/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of PDT Holdings, Inc., et al.
08/15/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due August 22, 2024. Respondent's Brief is due September 11, 2024. Petitioner's Reply Brief on the Merits is due September 26, 2024. Further requests for extensions of time for this filing will not be considered.
08/15/2024Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of PDT Holdings, Inc., et al.
07/09/2024Motion 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 due August 15, 2024; Response brief due September 5, 2024; Reply brief due September 20, 2024. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/09/2024Motion 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 PDT Holdings, Inc., et al.
06/14/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 15, 2024; Response brief due August 5, 2024; Reply brief due August 20, 2025.
06/13/2025Mandate issued  Mandate & Cost Bill Issued
05/31/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Wolfgang P. Hirczy De Mino of Bellaire, Texas.
05/02/2025Court approved judgment sent to attorneys of recordIssued
05/02/2025Opinion issuedCourt of Appeals' judgment reversed, trial court judgment reinstated The Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Justice Busby delivered the opinion of the Court.
(5/2/2025 3:06:41 PM) 230842.pdf, 23-0842.jmt.pdf
04/19/2024Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of PDT Holdings, Inc., et al.
04/05/2024MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply to Response to Petition for Review granted. Further requests for extensions of time will be disfavored. Reply is due no later than April 19, 2024.
04/04/2024Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply to Response to Petition for Review filed on behalf of PDT Holdings, Inc., et al.
03/21/2024Response to Petition  Response to Petition for Review filed on behalf of the City of Dallas.
02/12/2024Motion 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 March 21, 2024. Further requests for extensions of time for this filing will be disfavored.
02/12/2024Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of the City of Dallas.
02/10/2025Amicus Curiae Brief received  Amicus Brief received on behalf of Texas Municipal League, et al.  Submitted by Mr. R. Michael Northrup with Cowles & Thompson, P.C. of Dallas, Texas.
01/19/2024Supreme Court of Texas Requested Response  Response requested to Petition for Review. Response is due February 20, 2024.
01/15/2025Oral argument   Argue on behalf of Petitioners by Christopher D. Kratovil; Argued on behalf of Respondents by Nicholas D. Palmer
01/09/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of PDT Holdings, Inc., et al. Oral Argument will be presented by Christopher D. Kratovil of Dykema Gossett PLLC of Dallas, Texas.
01/09/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of City of Dallas, et al. Oral Argument will be presented by Nicholas D. Palmer of Dallas City Attorney's Office of Dallas, Texas.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/13/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Hirczy De Mino, Wolfgang P.Amicus CuriaeWolfgang P. Hirczy De Mino
City of DallasRespondentMr. Gary R. Powell
Ms. Stacy Jordan Rodriguez  
Mr. James B. Pinson
Mr. Nicholas D. Palmer
Tammy L. Palomino
Mr. Justin Roy
Mr. Charles Steven Estee
Ms. Jennifer C. Huggard
Texas Municipal LeagueAmicus CuriaeMr. R. L Michael Northrup
PDT Holdings, Inc., et al.PetitionerMr. Christopher D. Kratovil
Ms. Courtney E. Raaz
Ms. Alison R. Ashmore  
Mr. Jose Rubio III
Board of Adjustment for the City of DallasRespondentMs. Stacy Jordan Rodriguez  
Mr. James B. Pinson
Mr. Gary R. Powell
Court of Appeals Information:
Reverse & Render 
703 SW3d 409, 06-16-23 
5th Court of Appeals 
Honorable Kathleene Dennise Garcia 
Trial Court Information
14th District Court 
Dallas 
Honorable Eric Moye 
DC-18-08484