2020 Long Tail Trail Investments, LLC v. State of Texas, Attorney General Kenneth Paxton (In His Official Capacity), Texas Comptroller of Public Accounts Glenn Hegar (In His Official Capacity), and the Office of the Texas Comptroller of Public Accounts
Opinion
ACCEPTED 15-25-00086-Cv FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 7/2/2025 4:18 PM No. 15-25-00086-CV CHRISTOPHER A. PRINE CLERK IN THE COURT OF APPEALS FILED IN FOR THE FIFTEENTH DISTRICT OF TEXAS 15th COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 7/2/2025 4:18:45 PM _________________________________________________________________ CHRISTOPHER A. PRINE Clerk CITY OF GRAND PRAIRIE, CITY OF ALEDO, CITY OF ANGLETON, CITY OF AUBREY, CITY OF BULVERDE, CITY OF CIBOLO, CITY OF CLYDE, CITY OF COLLEGE STATION, CITY OF CRADALL, CITY OF DENISON, CITY OF EDCOUCH, CITY OF ELSA, CITY OF FATE, CITY OF HUTTO, CITY OF KAUFMAN, CITY OF LAVILLA, CITY OF LOCKHART, CITY OF MCKINNEY, CITY OF NAVASOTA, CITY OF PARKER, CITY OF VAN ALSTYLE, AND AUBREY MUNICIPAL DEVELOPMENT DISTRICT Appellants – Plaintiffs CITY OF BROWNSVILE, CITY OF ANNA, AND CITY OF BONHAM Appellants – Intervenor Plaintiffs 2020 LONG TAIL TRAIL INVESTMENTS, LLC Appellants – Intervenor Defendant v. THE STATE OF TEXAS, ATTORNEY GENERAL KENNETH PAXTON, IN HIS OFFICIAL CAPACITY, TEXAS COMPTROLLER OF PUBLIC CAPACITY, TEXAS COMPROLLER OF PUBLIC ACCOUNTS GLENN HAGAR, IN HIS OFFICIAL CAPACITY, AND THE OFFICE OF THE TEXAS COMPROLLER OF PUBLIC ACCOUNTS Appellees – Defendants __________________________________________________________________ APPELLANTS - PLAINTIFFS FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF __________________________________________________________________
Pursuant to Rule 10.5(b) of the Texas Rules of Appellate Procedure, Appellants – Plaintiffs, Cities of Grand Prairie, Aledo, Angleton, Aubrey, Bulverde,
APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF Page 1 Burleson, Cibolo, Clyde, College Station, Crandall, Denison, Denton, Edcouch, Elsa, Fate, Hutto, Kaufman, La Villa, Lockhart, McKinney, Navasota, Parker, and Van Alstyne and Aubrey Municipal Development District (collectively, the “Cities”) respectully requests a thirty day extension of time to file its Appellants’s brief.
1. The Cities filed a notice of appeal on May 6, 2025.
2. The Cities’ principal brief is due on July 14, 2025.
3. The Cities seek an additional thirty (30) days to file their brief.
Counsel for the Cities requires additional time due to the complexity of the issues and the time needed to research and brief these issues. Counsel for the Cities is preparing an Appellee’s brief in a case styled Babcorp 200, Ltd v. City of Grand Prairie, et. Al, cause number 06-25-00006-CV in the 6th District Court of Appeals, Texarkana. Additionally, Appellants – Plaintiffs has a series of other upcoming deadlines including but not limited to a Joint Advisory Report on the Consolidation of Cases in NCSUD vs. City of Princeton, cause number 4:23-CV-00002 in the United States District Court for the Eastern District of Texas, Sherman Division and preparing for a Special Commissioner’s Hearing in a case styled The City of Celina, Texas vs. Sashi Varanasi, Toby Varghese, et al, cause number 004-05183-2024 in the Collin County Court at Law No. 4 in Collin County, Texas.
4. The Court has the authority under Texas Rule of Appellate Procedure 38.6(d) to extend the time to file a brief.
APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF Page 2 5. Appellees are unopposed to the relief requested herein.
6. No extension has previously been requested or granted to extend the time to file the Cities’ brief.
WHEREFORE, Appellants – Plaintiffs, Cities of Grand Prairie, Aledo, Angleton, Aubrey, Bulverde, Burleson, Cibolo, Clyde, College Station, Crandall, Denison, Denton, Edcouch, Elsa, Fate, Hutto, Kaufman, La Villa, Lockhart, McKinney, Navasota, Parker, and Van Alstyne and Aubrey Municipal Development District prays that the Court grant this motion and extend the time to file Appellants – Plaintiffs’ brief for thirty (30) days, or by August 13, 2025.
Respectfully submitted, /s/Timothy A. Dunn BRADFORD E. BULLOCK STATE BAR NO. 00793423 [email protected] ARTURO D. RODRIGUEZ, JR. State Bar No. 00791550 [email protected] MESSER FORT, PLLC 4201 W. PARMER LN, STE. C-150 AUSTIN, TEXAS 78727 512.930.1317 – TELEPHONE 972.668.6414 – FACSIMILE AND WM. ANDREW MESSER STATE BAR NO. 13472230 [email protected] TIMOTHY A. DUNN APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF Page 3 STATE BAR NO. 24050542 [email protected] MESSER, FORT, PLLC 6371 PRESTON ROAD, SUITE 200 FRISCO, TEXAS 75034- 972.668.6400 - TELEPHONE 972.668.6414 – FACSIMILE ATTORNEYS FOR APPELLANTS- PLAINTIFFS
CERTIFICATE OF CONFERENCE On June 27, 2025, counsel for the Cities conferred with counsel for Appellees - Defendants who indicated that they are unopposed to the motion.
/s/Timothy A. Dunn TIMOTHY A. DUNN
CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing instrument has been sent via electronic service to all attorneys of record, in compliance with Rule 6.3 of the TEXAS RULES OF APPELLATE PROCEDURE, on July 2, 2025.
/s/Timothy A. Dunn TIMOTHY A. DUNN
APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF Page 4 Automated Certificate of eService This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Sherry Brown on behalf of Wm. Andrew Messer Bar No. 13472230 [email protected] Envelope ID: 102717862 Filing Code Description: Motion Filing Description: Appellants' First Motion for Extension to file Brief Status as of 7/2/2025 4:39 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Allison Collins 24127467 [email protected] 7/2/2025 4:18:45 PM SENT Sherry Brown [email protected] 7/2/2025 4:18:45 PM SENT Andy Messer [email protected] 7/2/2025 4:18:45 PM SENT Brad Bullock [email protected] 7/2/2025 4:18:45 PM SENT Timothy Dunn [email protected] 7/2/2025 4:18:45 PM SENT Todd Disher [email protected] 7/2/2025 4:18:45 PM SENT William Thompson [email protected] 7/2/2025 4:18:45 PM SENT Cole Wilson [email protected] 7/2/2025 4:18:45 PM SENT Guillermo Trevino [email protected] 7/2/2025 4:18:45 PM SENT Lena Chaisson-Munoz [email protected] 7/2/2025 4:18:45 PM SENT George Hyde [email protected] 7/2/2025 4:18:45 PM SENT Matthew Weston [email protected] 7/2/2025 4:18:45 PM SENT David Overcash [email protected] 7/2/2025 4:18:45 PM SENT Clark McCoy [email protected] 7/2/2025 4:18:45 PM SENT
Associated Case Party: City of Brownsville, Texas Name BarNumber Email TimestampSubmitted Status Lena Chaisson-Munoz [email protected] 7/2/2025 4:18:45 PM SENT Will S.Trevino [email protected] 7/2/2025 4:18:45 PM SENT
Associated Case Party: Attorney General Kenneth Paxton (in his Official Capacity Automated Certificate of eService This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Sherry Brown on behalf of Wm. Andrew Messer Bar No. 13472230 [email protected] Envelope ID: 102717862 Filing Code Description: Motion Filing Description: Appellants' First Motion for Extension to file Brief Status as of 7/2/2025 4:39 PM CST Associated Case Party: Attorney General Kenneth Paxton (in his Official Capacity Name BarNumber Email TimestampSubmitted Status Raymond Abarca [email protected] 7/2/2025 4:18:45 PM SENT Cole Wilson [email protected] 7/2/2025 4:18:45 PM SENT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.