Supreme Court

Case: 24-1070    
24-1070
12/20/2024
Petition for Review/Cause under Rule 53.1
RIVER CREEK DEVELOPMENT CORPORATION AND CITY OF HUTTO, TEXAS 
PRESTON HOLLOW CAPITAL, LLC; 79 HCD DEVELOPMENT, LLC; PUBLIC FINANCE AUTHORITY; AND U.S. BANK NATIONAL ASSOCIATION 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/02/2026Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of River Creek Development Corporation, et al.
02/16/2026Response to Amicus Curiae Brief filedRespondent Response to State Amicus Brief filed on behalf of Preston Hollow Capital, LLC.
11/07/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of The State of Texas, submitted by Rance Craft of the Office of the Attorney General of Austin, Texas.
10/31/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief in Support of Respondents received on behalf of Timothy G. Green.
10/23/2025Reply BriefPetitioner Reply Brief on the Merits filed on behalf of River Creek Development Corporation, et al.
10/08/2025Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Public Finance Authority.
10/08/2025Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Preston Hollow Capital, LLC, et al.
08/18/2025Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of River Creek Development Corporation, et al.
05/19/2025Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of River Creek Development Corp., et al.
04/04/2025Response to PetitionRespondent Response to Petition for Review filed on behalf of Preston Hollow Capital, LLC, et al.
01/29/2025Petition for ReviewPetitioner Petition for Review filed on behalf of River Creek Development Corporation, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/23/2024Motion 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 on January 29, 2025.
12/20/2024Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of River Creek Development Corporation, et al.
12/20/2024Clerk's Record 
12/20/2024Supplement to Clerk's/Reporter's Record 
12/20/2024Supplement to Clerk's/Reporter's Record 
12/18/2025Notice received  Notice of Designation of New Lead Counsel and Notice of Nonrepresentation filed on behalf of the State of Texas.
11/07/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of The State of Texas, submitted by Rance Craft of the Office of the Attorney General of Austin, Texas.
10/31/2025Amicus Curiae Brief received  Amicus Brief in Support of Respondents received on behalf of Timothy G. Green.
10/23/2025Reply Brief  Reply Brief on the Merits filed on behalf of River Creek Development Corporation, et al.
10/21/2025Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Solicitor General's Brief on the Merits is granted. Solicitor General's brief is due November 7, 2025.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.    
10/21/2025Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Solicitor General's Brief on the Merits.
10/08/2025Brief on the Merits  Response Brief on the Merits filed on behalf of Public Finance Authority.
10/08/2025Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Preston Hollow Capital, LLC, et al.
08/27/2025Call received  Call received from Office of Solicitor General clarifying due date for brief.
08/26/2025Motion 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 8, 2025. Further requests for extensions of time for this filing will be disfavored. Reply Brief is due October 23, 2025.
08/26/2025Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Preston Hollow Capital, LLC, et al.
08/24/2026Mandate issued  Mandate & Cost Bill Issued
08/18/2025Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of River Creek Development Corporation, et al.
07/21/2025Call received  Call received from assistant to counsel for Petitioner regarding notices.
07/16/2025Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief granted. Further requests for extensions of time will be disfavored. Petitioners' brief is due no later than August 18, 2025; Respondents' brief is due September 8, 2025; and  Reply brief & Solicitor General brief are due September 23, 2025.
07/16/2025Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of River Creek Development Corporation, et al.
07/14/2025Call received  Call received from Office of Solicitor General.
06/30/2026Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. The Motion for Rehearing is due July 29, 2026. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/29/2026Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of River Creek Development Corporation, et al.
06/20/2025Solicitor 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 August 26, 2025. (included in the brief on the merits request letter sent same day)
06/20/2025Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 21, 2025; Response brief due August 11, 2025; Reply brief due August 26, 2025.
06/12/2026Court approved judgment sent to attorneys of recordIssued
06/12/2026Concurring Opinion issued.Issued Justice Hawkins filed an opinion concurring in the judgment, in which Chief Justice Blacklock joined.
06/12/2026Opinion issuedCourt of Appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Busby delivered the opinion of the Court, in which Justice Lehrmann, Justice Devine, Justice Bland, Justice Huddle, Justice Young, and Justice Sullivan joined.
(6/12/2026 12:16:37 PM) 241070c.pdf, 241070.pdf, 24-1070.jmt.pdf
05/19/2025Reply to Response  Reply to Response to Petition for Review filed on behalf of River Creek Development Corp., et al.
04/21/2025MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply granted. Reply is due May 19, 2025. Further requests for extensions of time for this filing will be disfavored.
04/17/2025Electronic communication sent to Party  Email sent to Respondent's counsel to determine if a response to motion will be filed.
04/17/2025Motion 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 River Creek Development Corporation, et al.
04/04/2025Response to Petition  Response to Petition for Review filed on behalf of Preston Hollow Capital, LLC, et al.
03/07/2025Supreme Court of Texas Requested Response  Requested response to petition for review due no later than April 7, 2025.
03/06/2025Motion to substitute disposedFiling granted Motion to Substitute Counsel is granted.
03/04/2025Motion to Substitute filed  Unopposed Motion to Substitute Counsel filed on behalf of U.S. Bank National Association.
03/03/2026Oral argument   Argued on behalf of Petitioners by George E. Hyde; Argued on behalf of Respondents by David S. Coale
03/02/2026Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of River Creek Development Corporation, et al.
02/27/2026Call received  Call received from the general public.
02/25/2025Response Waiver filed  Response Waiver filed on behalf of U.S. Bank National Association.
02/23/2026Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Petitioner, River Creek Development Corporation, et al. Oral Argument will be presented by George E. Hyde of Hyde Kelley LLP of Austin, Texas.
02/19/2026Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Respondent, Preston Hollow Capital, LLC. Oral Argument will be presented by David S. Coale of Lynn Pinker Hurst & Schwegmann, LLP of Dallas, Texas.
02/16/2026Response to Amicus Curiae Brief filed  Response to State Amicus Brief filed on behalf of Preston Hollow Capital, LLC.
02/04/2025Case forwarded to Court 
01/31/2025Response Waiver filed  Response Waiver filed on behalf of Public Finance Authority.
01/31/2025Response Waiver filed  Response Waiver filed on behalf of 79 HCD Development, LLC.
01/30/2026Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., March 3, 2026. Time allotted to argue: 20/20 minutes
01/30/2026Petition for Review disposedFiling granted
01/30/2026Petition for Review granted 
01/30/2025Response Waiver filed  Response Waiver filed on behalf of Preston Hollow Capital, LLC, et al.
01/29/2025Petition for Review  Petition for Review filed on behalf of River Creek Development Corporation, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/24/2026Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
79 HCD Development, LLCRespondentMr. Steven Metcalfe
Mr. Douglas G. Cornwell
Kevin Pierce
Mr. R. Mark Dietz
The State of TexasAmicus CuriaeMr. Brent Webster
Mr. Philip A. Lionberger
Mr. William Peterson
Office of the Solicitor General of TexasOther interested party Mr. Aaron Nielson
Kenneth Paxton Jr., Attorney General of TexasOther interested party Mr. W. Kenneth Paxton
Public Finance AuthorityRespondentMr. David Austin Nimocks
Mr. Christopher Peele
U.S. Bank National AssociationRespondentMr. Eric J. Taube
Jared C. Lampson
Green, Timothy G.Amicus CuriaeMs. Nancy Hesse Hamren
Mr. Timothy Green
River Creek Development CorporationPetitionerMr. Matthew L. Weston
Mr. George E. Hyde
Mr. Michael Bostic
Mr. Stephen Speck
Preston Hollow Capital, LLCRespondentMr. Jeffrey Don Nydegger
Mr. Jared Eisenberg
Mr. Eric W. Pinker
Mr. Stephen R. Clarke
John Dinan
Mr. Campbell Sode
David L. Dawson
Mr. David S. Coale
City of Hutto, TexasPetitionerMr. Jonathan William Needle
Mr. George E. Hyde
Mr. Matthew L. Weston
Court of Appeals Information:
Affirmed  
730 SW3d 475, 08-22-24 
3rd Court of Appeals 
Honorable Thomas John Baker 
Trial Court Information
425th District Court 
Williamson 
Honorable Betsy Lambeth 
21-0759-C425