Supreme Court

Case: 13-0768    
13-0768
09/26/2013
Petition for Review/Cause under Rule 53.1
BCCA APPEAL GROUP, INC. 
CITY OF HOUSTON, TEXAS 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
08/15/2016Reply to Response to Motion for Rehearing filedRespondentReply in Support of Motion for Rehearing filed on behalf of City of Houston, Texas.
08/04/2016Response to Motion for RehearingPetitionerResponse to Motion for Rehearing filed on behalf of BCCA Appeal Group, Inc.
06/15/2016Motion for RehearingRespondent's Motion for Rehearing of Cause filedMotion for Rehearing filed on behalf of City of Houston, Texas.
09/11/2015Post submission brief filedRespondentPost-Submission letter brief filed on behalf of City of Houston, Texas.
09/01/2015Exhibits in case/cause filedPetitionerPetitioner's Exhibit for Oral Argument.
08/28/2015Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae brief filed on behalf of Harris County Attorney's Office. Submitted by Vince Ryan, of the Harris County Attorney's Office.
08/04/2015Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief filed on behalf of Governor of Texas.  Submitted by Arthur C. D'Andrea.
02/27/2015Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief filed in support of the City of Houston on behalf of Air Alliance Houston and American Lung Association of the Southwest. Submitted by Ilan Levin of Environmental Integrity Project from Austin, Texas.
02/10/2015Response to Amicus Curiae Brief filedRespondentCity of Houston's Response to Amicus Curiae brief filed by Chamber of Commerce of the United States of America, et al.
01/27/2015Brief on the MeritsRespondentCity of Houston’s Sur-Reply Brief to Petitioner’s Reply Brief on the Merits.
01/20/2015Amicus Curiae Brief receivedAmicus Curiae Amicus Curiae Brief on the Merits of Texas Oil and Gas Association filed in support of Petitioner BCCA Appeal Group, Inc. Submitted by Carrick Brooke-Davidson of Guida, Slavich, & Flores, P.C., Austin, Texas.
01/14/2015Fully hyperlinked brief filedPetitionerHyperlinked Reply Brief on the Merits filed on behalf of BCCA Appeal Group, Inc.
01/12/2015Amicus Curiae Brief receivedAmicus Curiae Amicus Curiae Brief filed in support of the petitioners on behalf of the Chamber of Commerce of the United States of America and the National Association of Manufacturers.
01/12/2015Reply BriefPetitionerPetitioner's Reply Brief on the Merits filed on behalf of BCCA Appeal Group, Inc.
11/26/2014Brief on the MeritsRespondentRespondent's Brief on the Merits filed on behalf of City of Houston.
09/09/2014Fully hyperlinked brief filedPetitionerHyperlinked version of Petitioner BCCA Appeal Group, Inc.'s Brief on the Merits previously filed on September 5, 2014.
09/05/2014Brief on the MeritsPetitionerPetitioner's Brief on the Merits. On behalf of BCCA Appeal Group, Inc.
05/06/2014Reply to ResponsePetitionerReply in Support of Petition for Review filed on behalf of BCCA Appeal Group, Inc.
04/07/2014Response to PetitionRespondentResponse to Petition for Review filed on behalf of City of Houston.
12/23/2013Amicus Curiae Brief receivedReceived (instead of filed)Brief of Amici Curiae Texas Chemical Council and Association of Electric Companies of Texas, Inc. in Support of Petition for Review. Submitted by Christina T.Wisdom of Gardere Wynne Sewell LLP of Austin Texas.  (HARD COPIES REC'D)
12/19/2013Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief filed on behalf of Texas Oil & Gas Association. (Hard Copies Received)
11/13/2013Petition for ReviewPetitionerPetition for Review filed on behalf of BCCA Appeal Group, Inc. (HARD COPIED REC'D)
Case Events
DateEvent TypeDispositionRemarksDocument
09/23/2016Mandate issued Mandate & Cost Bill Issued
09/23/2016Motion for Rehearing - DisposedDenied 
08/15/2016Reply to Response to Motion for Rehearing filed Reply in Support of Motion for Rehearing filed on behalf of City of Houston, Texas.
08/04/2016Response to Motion for Rehearing Response to Motion for Rehearing filed on behalf of BCCA Appeal Group, Inc.
06/28/2016Motion for Extension of Time to File Response disposedFiling grantedUnopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of BCCA Appeal Group, Inc. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due August 4, 2016.
06/28/2016Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of BCCA Appeal Group, Inc.
06/22/2016Designation of Lead Counsel  Respondent, City of Houston designates counsel Collyn A. Peddie as lead counsel.
06/20/2016Supreme Court of Texas Requested Response Requested response to motion for rehearing due no later than July 5, 2016.
06/15/2016Case forwarded to Court  
06/15/2016Motion for Rehearing Motion for Rehearing filed on behalf of City of Houston, Texas.
05/13/2016Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedMotion for Extension of Time is granted. Motion for Rehearing is due June 15, 2016. Further requests for extensions of time for this filing will not be considered.
05/13/2016Motion for Extension of Time to File Motion for Rehearing Unoppsed Motion for Extension of Time to file Motion for Rehearing filed on behalf of the City of Houston.
04/29/2016Court approved judgment sent to attorneys of recordIssued 
04/29/2016Dissenting opinion issued.IssuedJustice Boyd delivered a dissenting opinion.
04/29/2016Opinion issuedCourt of Appeals' judgment affirmed/reversed in part/rendered The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment. Justice Green delivered the opinion of the Court, in which Chief Justice Hecht, Justice Johnson, Justice Willett, Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Brown joined and in which Justice Boyd joined as to parts III(B) and IV.
(4/29/2016 2:57:22 PM) 130768d.pdf, 130768.pdf, 13-0768.jmt.pdf
09/11/2015Post submission brief filed Post-Submission letter brief filed on behalf of City of Houston, Texas.
09/02/2015Oral argument  Argued on behalf of Petitioner by Evan A. Young; Argued on behalf of respondent by Robert W. Higgason
09/01/2015Exhibits in case/cause filed Petitioner's Exhibit for Oral Argument.
08/28/2015Amicus Curiae Brief received Amicus Curiae brief filed on behalf of Harris County Attorney's Office. Submitted by Vince Ryan, of the Harris County Attorney's Office.
08/17/2015Oral Argument Submission Form from Attorney received Oral Argument will be presented by Robert W. Higgason of the City of Houston Legal Department.
08/17/2015Notice of Appearance Notice of Appearance of Counsel filed on behalf of The City of Houston, Texas.
08/04/2015Amicus Curiae Brief received Amicus Curiae Brief filed on behalf of Governor of Texas.  Submitted by Arthur C. D'Andrea.
08/03/2015Oral Argument Submission Form from Attorney received Oral Argument Submission Form filed on behalf of BCCA Appeal Group, Inc.  Ora Argument will be presented by Evan A. Young, with Baker Botts, LLP.
07/31/2015Oral Argument Submission Form from Attorney received Oral Argument will be presented by Judith L. Ramsey on behalf of the City of Houston, Texas.
07/03/2015Case set for oral argumentCase set for oral argumentThis cause has been set for oral argument at 9:00 a.m., September 2, 2015.  Time allotted to argue:  20/20 minutes
03/06/2015Motion to re-set submission date disposedFiling grantedUnopposed Motion to Reschedule Argument Date granted. The date and time for oral argument is yet to be determined.
03/04/2015Phone call from Clerk's Office Courtesy call made to petitioner and respondent attorneys regarding the Unopposed Motion to Reschedule Argument.
02/27/2015Amicus Curiae Brief received Amicus Curiae Brief filed in support of the City of Houston on behalf of Air Alliance Houston and American Lung Association of the Southwest. Submitted by Ilan Levin of Environmental Integrity Project from Austin, Texas.
02/26/2015Motion to re-set submission date filed. Unopposed Motion to Reschedule Argument Date filed on behalf of Petitioner BCCA Appeal Group, Inc.
02/20/2015Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., March 25, 2015.  Time allotted to argue:  20/20 minutes
02/20/2015Petition for Review disposedFiling granted 
02/20/2015Petition for Review granted  
02/10/2015Response to Amicus Curiae Brief filed City of Houston's Response to Amicus Curiae brief filed by Chamber of Commerce of the United States of America, et al.
01/27/2015Brief on the Merits City of Houston’s Sur-Reply Brief to Petitioner’s Reply Brief on the Merits.
01/20/2015Amicus Curiae Brief received Amicus Curiae Brief on the Merits of Texas Oil and Gas Association filed in support of Petitioner BCCA Appeal Group, Inc. Submitted by Carrick Brooke-Davidson of Guida, Slavich, & Flores, P.C., Austin, Texas.
01/14/2015Fully hyperlinked brief filed Hyperlinked Reply Brief on the Merits filed on behalf of BCCA Appeal Group, Inc.
01/12/2015Amicus Curiae Brief received Amicus Curiae Brief filed in support of the petitioners on behalf of the Chamber of Commerce of the United States of America and the National Association of Manufacturers.
01/12/2015Reply Brief Petitioner's Reply Brief on the Merits filed on behalf of BCCA Appeal Group, Inc.
12/04/2014Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to File Reply Brief on the Merits is GRANTED. Reply Brief is due January 12, 2015. FURTHER REQUESTS FOR MOTIONS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/04/2014Motion to Extend Time to File Reply filed Unopposed Motion for Extension of Time to File Reply Brief on the Merits filed on behalf of BCCA Appeal Group, Inc.
11/26/2014Brief on the Merits Respondent's Brief on the Merits filed on behalf of City of Houston.
10/23/2014Motion for Extension of Time disposed.Filing grantedUnopposed Second Motion for Extension of Time to file Brief on the Merits filed on behalf of the City of Houston has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Respondents brief due November 26, 2014; Reply brief due December 11, 2014.
10/23/2014Motion for Extension of Time to File Brief filed Unopposed Second Motion for Extension of Time to file Brief on the Merits filed on behalf of the City of Houston.
09/23/2014Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Response Brief on the Merits is Granted. Resp's Brief is due October 27. 2014. Pet's Reply Brief is due November 12, 2014.
FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/23/2014Motion for Extension of Time to File Brief filed Unopposed First Motion for Extension of Time to file Brief on the Merits filed on behalf of the City of Houston.
09/09/2014Fully hyperlinked brief filed Hyperlinked version of Petitioner BCCA Appeal Group, Inc.'s Brief on the Merits previously filed on September 5, 2014.
09/05/2014Brief on the Merits Petitioner's Brief on the Merits. On behalf of BCCA Appeal Group, Inc.
07/24/2014Motion for Extension of Time disposed.Filing grantedPetitioner brief on the merits due 09/05/14; Response brief on the merits due 09/25/14; Reply brief on the merits due 10/10/14. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED.
07/24/2014Motion for Extension of Time to File Brief filed Unopposed Motion for Extension of Time to File Petitioner Brief on the Merits filed on behalf of BCCA Appeal Group, Inc.
06/25/2014Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of BCCA Appeal Group, Inc. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioners brief due August 6, 2014; Response brief due August 26, 2014; Reply brief due September 10, 2014.
06/25/2014Motion 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 BCCA Appeal Group, Inc.
06/17/2014Case Record Filed  Electronic Appellate Record received.
06/12/2014Record Requested in Petition for Review Record requested from the 1st COA
06/06/2014Brief on the Merits Requested Brief on the merits requested:  Petitioner's brief on the merits due no later than 7/7/14; Response brief due 7/28/14; Reply brief due 8/12/14.
05/06/2014Reply to Response Reply in Support of Petition for Review filed on behalf of BCCA Appeal Group, Inc.
04/15/2014MET to file reply disposed ofFiling grantedMotion for Extension of Time to file Reply is granted. Reply is due May 7, 2014. Further requests for extensions of time for this filing will be disfavored.
04/15/2014Motion to Extend Time to File Reply filed Unopposed motion for extension of time to file reply to the response to petition for review. On behalf of BCCA Appeal Group, Inc.
04/07/2014Response to Petition Response to Petition for Review filed on behalf of City of Houston.
03/10/2014Motion for Extension of Time disposed.Filing granted2nd Motion for Extension of Time to file Response granted. Requested Response is due April 9, 2014. NO FURTHER EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED.
03/07/2014Motion for Extension of Time to File Response Second Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of City of Houston, Texas. Requesting an additional 30 days until April 9, 2014.
02/06/2014Motion for Extension of Time to File Response disposedFiling grantedUnopposed Motion for Extension of Time to file Response to Petition filed on behalf of the City of Houston is granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response due March 10, 2014.
02/06/2014Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response to Petition filed on behalf of the City of Houston.
01/10/2014Supreme Court of Texas Requested Response Requested response to petition for review due no later than February 10, 2014.
12/23/2013Amicus Curiae Brief received Brief of Amici Curiae Texas Chemical Council and Association of Electric Companies of Texas, Inc. in Support of Petition for Review. Submitted by Christina T.Wisdom of Gardere Wynne Sewell LLP of Austin Texas.  (HARD COPIES REC'D)
12/19/2013Amicus Curiae Brief received Amicus Curiae Brief filed on behalf of Texas Oil & Gas Association. (Hard Copies Received)
12/10/2013Case forwarded to Court  
12/05/2013Response Waiver filed Waiver of Resonse filed on behalf of City of Houston.
11/13/2013Petition for Review Petition for Review filed on behalf of BCCA Appeal Group, Inc. (HARD COPIED REC'D)
09/27/2013Motion for Extension of Time to File Petition for Review disposedFiling grantedPetition is due November 13, 2013.
09/26/2013Motion for Extension of Time to File Petition for Review filed Unopposed Motion for Extension of Time to file Petition for Review. On behalf of BCCA Appeal Group, Inc.
Calendars
Set DateCalendar TypeReason SetRemarks
09/23/2016Case StoredCase stored.e-stored
Parties
PartyPartyTypeRepresentative
Harris County Attorney's OfficeAmicus CuriaeMr. Vincent R. Ryan Jr.
Mr. Rock W.A. Owens
Office of the GovernorAmicus CuriaeMr. James D. Blacklock
Mr. Arthur C. D'Andrea
City of Houston, TexasRespondentMr. David M. Feldman
Ms. Mary Beth Stevenson  
Ms. Collyn A. Peddie
Mr. Ronald C. Lewis
Mr. Bertrand L. Pourteau II
Ms. Judith Lee Ramsey
Ms. Lynette Fons
Ms. Donna Lynn Edmundson
Mr. Robert W. Higgason
Ms. Aundrea Kristine Gulley
Ms. Kathy D. Patrick
The National Association of ManufacturersAmicus CuriaeMr. James P. Sullivan
Air Alliance HoustonAmicus CuriaeIlan M Levin
American Lung Association of the SouthwestAmicus CuriaeIlan M Levin
The Chamber of Commerce of the United States of AmericaAmicus CuriaeMr. James P. Sullivan
Texas Oil & Gas AssociationAmicus CuriaeMr. C. Carrick Brooke-Davidson  
Texas Chemical CouncilAmicus CuriaeMs. Christina T. Wisdom  
BCCA Appeal Group, Inc.PetitionerMs. Macey Reasoner Stokes
Mr. Evan A. Young
Mr. Matthew L. Kuryla  
Ms. Cristina Espinosa Rodriguez
Court of Appeals Information:
Reverse & Render 
485 SW3d 444, 08-29-13 
1st Court of Appeals 
Honorable James Patrick 'Jim' Sharp 
Trial Court Information
269th District Court 
Harris 
Honorable Daniel Earle Hinde 
2008-09399 
 
 

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