Texas Court of Appeals, 15th District, 2025

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

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
Texas Court of Appeals, 15th District · Decided July 24, 2025
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 7/24/2025 4:20 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 7/24/2025 4:20:12 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 __________________________________________________________________ APPELLANT CITY OF BROWNSVILLE’S NOTICE OF APPEARANCE AND NOTICE OF DESIGNATION OF LEAD COUNSEL __________________________________________________________________ Pursuant to Texas Rule of Appellate Procedure 6.1, Appellant City of Brownsville provides this Notice of Appearance and Notice of Designation of

NOTICE OF ATTORNEY APPEARANCE & NOTICE OF DESIGNATION OF LEAD COUNSEL PAGE 1 Lead Counsel in this appeal. Notice is hereby given that Wm. Andrew Messer, Timothy A. Dunn and Brad E. Bullock of the law firm of Messer Fort, PLLC hereby enter an appearance as counsel of record and designate Wm.

Andrew Messer as lead counsel for Appellant City of Brownsville in all further proceedings in this cause and request that all future notices from the Court and filings of the parties be transmitted to the following address:

Wm. Andrew Messer Texas State Bar No. 13472230 [email protected] Timothy A. Dunn Texas State Bar No. 24050542 [email protected] MESSER FORT, PLLC 6371 PRESTON ROAD, SUITE 200 FRISCO, TX 75034 972.668.6400 - TELEPHONE 972.668.6414 - FACSIMILE and Bradford E. Bullock Texas State Bar No. 00793423 [email protected] MESSER FORT, PLLC 4201 W. PARMER LANE., STE C-150 AUSTIN, TEXAS 78727 512.930.1317 – TELEPHONE 972.668.6414 – FACSIMILE

NOTICE OF ATTORNEY APPEARANCE & NOTICE OF DESIGNATION OF LEAD COUNSEL PAGE 2 Respectfully submitted, /s/ Wm. Andrew Messer WM. ANDREW MESSER STATE BAR NO. 13472230 [email protected] TIMOTHY A. DUNN STATE BAR NO. 24050542 [email protected] MESSER FORT, PLLC 6371 PRESTON ROAD, SUITE 200 FRISCO, TEXAS 75034 TELEPHONE – 972-668-6400 FACSIMILE – 972-668-6414 BRADFORD E. BULLOCK STATE BAR NO. 00793423 [email protected] MESSER FORT, PLLC 4201 Parmer Lane, Suite C150 Austin, Texas 78727-4168 512.930.1317 – Telephone COUNSEL FOR PLAINTIFF and /s/Guillermo “Will” Trevino CITY OF BROWNSVILLE GUILLERMO “WILL” TREVIÑO CITY ATTORNEY STATE BAR NO. 24044743 [email protected] [email protected] (956) 548 – 6070 1001 EAST ELIZABETH STREET BROWNSVILLE, TEXAS 78520 LENA CHAISSON-MUÑOZ ASSISTANT CITY ATTORNEY / CHIEF PROSECUTOR NOTICE OF ATTORNEY APPEARANCE & NOTICE OF DESIGNATION OF LEAD COUNSEL PAGE 3 STATE BAR NO. 24085244 [email protected] JENNIFER AVENDAÑO FIRST ASSISTANT CITY ATTORNEY STATE BAR NO. 24052304 [email protected] V CRISELDA RINCON-FLORES ASSISTANT CITY ATTORNEY STATE BAR NO. 24049412 [email protected] COUNSEL FOR APPELLANT CITY OF BROWNSVILLE

CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing instrument has been sent via electronic service to Appellants’ attorneys of record, in compliance with Rule 6.3 of the Texas Rules of Appellate Procedure, on July 24, 2025, including the following counsel of record: /s/Wm. Andrew Messer Wm. Andrew Messer

NOTICE OF ATTORNEY APPEARANCE & NOTICE OF DESIGNATION OF LEAD COUNSEL 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: 103563566 Filing Code Description: Other Document Filing Description: Appellant City of Brownville's Notice of Appearance and Notice of Designation of Lead Counsel Status as of 7/24/2025 4:23 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Allison Collins 24127467 [email protected] 7/24/2025 4:20:12 PM SENT Sherry Brown [email protected] 7/24/2025 4:20:12 PM SENT Andy Messer [email protected] 7/24/2025 4:20:12 PM SENT Brad Bullock [email protected] 7/24/2025 4:20:12 PM SENT Timothy Dunn [email protected] 7/24/2025 4:20:12 PM SENT Todd Disher [email protected] 7/24/2025 4:20:12 PM SENT William Thompson [email protected] 7/24/2025 4:20:12 PM SENT Cole Wilson [email protected] 7/24/2025 4:20:12 PM SENT Guillermo Trevino [email protected] 7/24/2025 4:20:12 PM SENT Lena Chaisson-Munoz [email protected] 7/24/2025 4:20:12 PM SENT George Hyde [email protected] 7/24/2025 4:20:12 PM SENT Matthew Weston [email protected] 7/24/2025 4:20:12 PM SENT David Overcash [email protected] 7/24/2025 4:20:12 PM SENT Clark McCoy [email protected] 7/24/2025 4:20:12 PM SENT

Associated Case Party: City of Brownsville, Texas Name BarNumber Email TimestampSubmitted Status Lena Chaisson-Munoz [email protected] 7/24/2025 4:20:12 PM SENT Will S.Trevino [email protected] 7/24/2025 4:20:12 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: 103563566 Filing Code Description: Other Document Filing Description: Appellant City of Brownville's Notice of Appearance and Notice of Designation of Lead Counsel Status as of 7/24/2025 4:23 PM CST Associated Case Party: Attorney General Kenneth Paxton (in his Official Capacity Name BarNumber Email TimestampSubmitted Status Raymond Abarca [email protected] 7/24/2025 4:20:12 PM SENT Cole Wilson [email protected] 7/24/2025 4:20:12 PM SENT

Case-law data current through December 31, 2025. Source: CourtListener bulk data.