U.S. Sand & Gravel LLC, Raitz Enterprises, Inc., and Raitz Investment Group LLC v. Texas Department of Transportation
Opinion
ACCEPTED 15-25-00091-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 9/16/2025 2:59 PM NO. 15-25-00091-CV CHRISTOPHER A. PRINE _____________________________________________________________________ CLERK FILED IN IN THE COURT OF APPEALS FOR THE 15th AUSTIN, COURT OF APPEALS TEXAS FIFTEENTH DISTRICT OF TEXAS AT AUSTIN 9/16/2025 2:59:25 PM _____________________________________________________________________ CHRISTOPHER A. PRINE Clerk U.S. SAND AND GRAVEL, LLC, RAITZ ENTERPRISES, INC. AND RAITZ INVESTMENT GROUP, LLC, Appellants, V. TEXAS DEPARTMENT OF TRANSPORTATION, Appellee. _____________________________________________________________________ JOINT MOTION REQUESTING RENDERING OF FINAL JUDGMENT _____________________________________________________________________ TO THE HONORABLE FIFTEENTH COURT OF APPEALS: Appellants U.S. Sand and Gravel, LLC, Raitz Enterprises, Inc., and Raitz Investment Group, LLC (Raitz), and Appellee the Texas Department of Transportation (TxDOT), (collectively the Parties), present this motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(2)(A) and respectfully request that the Court render final judgment effectuating the parties’ agreement in this case. See Ex. A. As grounds for this motion, the Parties respectfully show the Court the following: 1. The trial court entered a default judgment in this matter on February 12, 2025, ordering that Raitz is permanently enjoined from operating three sand and gravel pits for failure to obtain safety certificates as required and penalties of $20,000. See Ex. B.
2. TxDOT filed a motion to enforce the default judgment March 24, 2025.
3. Raitz filed a motion to vacate the default judgment and for new trial which was denied May 16, 2025.
4. Raitz filed notice of its restricted appeal on May 16, 2025.
5. The Parties entered into a Rule 11 agreement on May 22, 2025, to attempt to resolve the safety certificate noncompliance issue.
6. After completed safety certificate applications were submitted and TxDOT completed its investigation of the three Raitz quarries, safety certificates were issued on June 30, 2025. Ex. C.
7. The Parties have now reached an agreement and thus request that the Court render judgment effectuating the Parties’ agreement as contained in the attached Agreed Final Judgment. See Tex. R. App. P. 42.1(a)(2)(A).
For the reasons above, the Parties respectfully request that this Court render judgment in accordance with the Parties’ Agreed Final Judgment and dismiss this appeal.
Respectfully submitted, KEN PAXTON /s/William L. Mennucci __________________________ Attorney General of Texas WILLIAM L. MENNUCCI State Bar No. 00788042 BRENT WEBSTER Thompson, Coe, Cousins, & Irons, First Assistant Attorney General L.L.P. 2801 Via Fortuna, Suite 300 RALPH MOLINA Austin, Texas 78746 Deputy First Assistant Attorney Telephone: (512) 703-5085 General [email protected] Lead Counsel AUSTIN KINGHORN Deputy Attorney General for Civil KASEY RACHEL Litigation Dorsett Johnson, LLP W. Third Street, Suite 700 NANETTE M. DINUNZIO Fort Worth, Texas 76102 Chief, Transportation Division Telephone: (817) 900-8202 Facsimile: (817) 882-8526 [email protected] /s/Joshua Longi __________________________ JOSHUA LONGI COUNSEL FOR APPELLANTS State Bar No. 24095228 Assistant Attorney General Transportation Division P.O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 936-1122 Facsimile: (512) 936-0888 [email protected] COUNSEL FOR APPELLEE
CERTIFICATE OF SERVICE This is to certify that on this day, September 16, 2025, a true and correct copy of the foregoing Joint Motion Requesting Rendering of Final Judgment was sent to the following as indicated below: William L. Mennucci State Bar No. 00788042 Thompson, Coe, Cousins, & Irons, L.L.P. 2801 Via Fortuna, Suite 300 Austin, Texas 78746 Telephone: (512) 703-5085 [email protected] Lead Counsel Kasey Rachel Dorsett Johnson, LLP W. Third Street, Suite 700 Fort Worth, Texas 76102 Telephone: (817) 900-8202 Facsimile: (817) 882-8526 [email protected] COUNSEL FOR APPELLANTS
/s/Joshua Longi ____________________________ JOSHUA LONGI Assistant Attorney General
Exhibit A NO. 15-25-00091-CV _____________________________________________________________________ IN THE COURT OF APPEALS FOR THE FIFTEENTH DISTRICT OF TEXAS AT AUSTIN _____________________________________________________________________ U.S. SAND AND GRAVEL, LLC, RAITZ ENTERPRISES, INC. AND RAITZ INVESTMENT GROUP, LLC, Appellants, V. TEXAS DEPARTMENT OF TRANSPORTATION, Appellee. _____________________________________________________________________ AGREED FINAL JUDGMENT _____________________________________________________________________ The Parties in the above-named cause have reached agreement in this case and announce a settlement resolving all claims and finally disposing of this case.
I. Factual and Procedural Background U.S. Sand and Gravel, LLC, Raitz Enterprises, Inc., and Raitz Investment Group, LLC (collectively Raitz) operate three sand and gravel quarries, two in Erath County and one in Comanche County: TxDOT Pit No. 2230, SC-1367, Erath County, Seldon, Texas, FM 913; TxDOT Pit No. 2231, SC-1368, Erath County, Hico, Texas, 17298 US Highway 281; and TxDOT Pit No. 2232, SC-1369, Comanche County, Dublin, Texas, 4458 FM 1476. None of the three quarries had applied for and received safety certificates as required by the Texas Department of Transportation (TxDOT). See Tex. Nat. Res. Code § 133.045; 43 Tex. Admin. Code § 21.711.
TxDOT sued Raitz to obtain compliance, injunctive relief, and civil penalties in July 2024. When Raitz failed to answer the suit, TxDOT moved for default judgment in October 2024. The trial court signed a default judgment in February 2025, enjoining Raitz from operating any of the three pits and assessing a $20,000 penalty. TxDOT filed a motion to enforce the default judgment on March 24, 2025, and a few days later, Raitz filed a motion to vacate default judgment and for new trial. The trial court ultimately denied Raitz’s motion, and Raitz filed notice of a restricted appeal. Raitz and TxDOT subsequently entered into a Rule 11 agreement which provided Raitz with an opportunity to apply for the safety certificates. After completed safety certificate applications were submitted and TxDOT completed its investigation of the three Raitz quarries, safety certificates were issued on June 30, 2025.
II. Terms of Agreement Given that Raitz has obtained the required safety certificates from TxDOT, the parties have reached an agreement to settle and dispose of this case as follows: 1. Raitz may operate the three quarries described above pursuant to the terms of the safety certificates issued by TxDOT on June 30, 2025.
2. Raitz shall operate and maintain the quarries pursuant to all applicable laws and regulations and acknowledges that failure to do so could result in cancelation of the safety certificates, civil penalties, or both.
3. Raitz shall not operate any other quarry that does not have a current safety certificate issued by TxDOT if required by Texas Natural Resources Code § 133.045, or that is not in compliance with all applicable laws and regulations.
4. Raitz shall pay a penalty in the amount of $20,000.00 for the violations identified at the three quarries listed above, which accrued prior to Raitz having been issued safety certificates on June 30, 2025.
5. Post-judgment interest on the penalty amount in paragraph 4 will be calculated at the rate of five percent (5%) compounded annually from February 12, 2025, until the penalty is paid in full.
6. Raitz agrees to dismiss the restricted appeal pending in the Fifteenth Court of Appeals at Austin, Texas.
III. Injunction It is therefore ORDERED that Raitz, its officers, directors, employees, agents, legal representatives, subsidiary organizations, parent organizations, successor corporations, insurers, and assigns, and all other persons, firms, or corporations who might be liable, are hereby enjoined from owning, operating or maintaining any quarries in the State of Texas without safety certificates required pursuant to the
Texas Aggregate Quarry and Pit Safety Act, Texas Natural Resources Code, Chapter 133 and 43 Texas Administrative Code chapter 21, subchapter M.
It is further ORDERED that any quarries owned, operated or maintained by Raitz in the State of Texas shall be owned, operated or maintained in compliance with all applicable laws and regulations pertaining to such quarries.
IV. Order of the Court It is further ORDERED that Raitz shall pay a penalty in the amount of $20,000.00 and post-judgment interest on the penalty amount calculated at the rate of five percent (5%) compounded annually from February 12, 2025, to be paid to the Texas Department of Transportation within 60 days of the date of this judgment.
It is further ORDERED that all costs of Court are hereby adjudged against the party incurring said costs.
It is finally ORDERED that this judgment disposes of all parties and all claims raised in this cause. All relief not expressly granted herein is denied.
SIGNED this ______ day of ________________________, 2025.
________________________________ JUSTICE, Fifteenth Court of Appeals
APPROVED AS TO SUBSTANCE AND FORM: KEN PAXTON Attorney General of Texas
/s/Joshua Longi __________________________ /s/William L. Mennucci _________________________ JOSHUA LONGI WILLIAM L. MENNUCCI State Bar No. 24095228 State Bar No. 00788042 [email protected] Thompson, Coe, Cousins, & Irons, Assistant Attorney General L.L.P. Transportation Division 2801 Via Fortuna, Suite 300 P.O. Box 12548 Austin, Texas 78746 Austin, Texas 78711-2548 Telephone: (512) 703-5085 Telephone: (512) 936-1122 [email protected] Facsimile: (512) 936-0888 Lead Counsel COUNSEL FOR APPELLEE KASEY RACHEL Dorsett Johnson, LLP W. Third Street, Suite 700 Fort Worth, Texas 76102 Telephone: (817) 900-8202 Facsimile: (817) 882-8526 [email protected] COUNSEL FOR APPELLANTS
Exhibit B 02/12/2025 03:21:38 PM Velva L. Price District Clerk Travis County D-1-GN-24-004334
CAUSE NO. D-I-ON-24-004334 TEXAS DEPARTMENT OF § IN THE DISTRICT COURT TRANSPORTATION, § Plaintiff, § v. § § 459•h JUDICIAL DISTRICT U.S. SAND & GRAVEL LLC, RAITZ § ENTERPRISES, INC., RAITZ § INVESTMENT GROUP LLC § Defendant § TRAVIS COUNTY, TEXAS
DEFAULT JUDGMENT On this day, plaintiff Texas Department of Transportation, moved for default judgment after defendants U.S. Sand & Gravel LLC, Raitz Enterprises, Inc., and Raitz Investment Group LLC (collectively, "U.S. Sand & Gravel'') failed to file an answer in this case. Plaintiff's motion was heard on submission on this date. Plaintiff has appeared through its attorney. Defendants having been duly served with citation and a copy of plaintiff's original petition, have not apeared or answered.
On submission, the Court de~ined it had jurisdiction over the subject matter and the parties in this proceeding, and the citation and proof of service were on file for at least ten day:s before the motion was filed. After considering the pleadings, the papers on file in this case, and the evidence plaintiff presented on liability, damages, and attorney fees, the Court grants plaintiff's motion for default judgment.
The Court hereby RENDERS judgment for plaintiff, Texas Department of Transportation.
I. Accordingly, the Court orders that plaintiff, Texas Department of Transportation, reco'Ver the following from defendants: a. A permanent injunction ordering the defendants to cease its operation of all three pits.
b. Penalties in the amount of$20,000.00. c. Reeseneble enEI neeessery euerney fees in the ameunt efSl,S09.99 ferlhe preseeutien efthis case lhreugh this j uElgment, d. Ceul'l cests.
c. Post judgment interest on the above monetary damages at the rate of 5%, compounded annually, from the date this judgment is rendered until all amounts are paid in full .
2. The Court orders execution to issue for this judgment.
SIGNED on [email protected]•'3 12- , 20~ Exhibit C ®
I Texas Department of Transportation EAST 11TH STREET, AUSTIN, TEXAS 78701-2483 I 512.463.8588 I WWW.TXDOT.GOV
June 30, 2025
Casey Raitz US Sand and Gravel, LLC 1111 N. Graham Street Stephenville, Texas 76401 RE: Safety Certificate Mr. Raitz, As requested you have submitted the required paperwork for the US Sand and Gravel LLC, Seldon Pit for compliance with the Texas Aggregate Quarry and Pit Safety Act (Act) under Natural Resources Code, Title 4, Chapter 133, Section 133.045. The earthen berm barriers and highwall sloping are necessary to protect the traveling public and adjacent property where applicable. Maintenance will be required in the future if needing to comply with Title 4, Natural Resources Code, Chapter 133, Sections 133.04land 133.901. The quarry meets the minimum requirements to be issued a safety certificate, and enclosed is the safety certificate for the US Sand and Gravel LLC, Seldon Pit.
All safety requirements under the Act and Texas Administrative Code, Title 43, Chapter 21, Subchapter M remain in effect during the entire mining process. A safety certificate may be transferred to another responsible person, as long as the safety requirements are met, and transfer of the safety certificate follows the procedure specified in Sec. 133.051 of the Act. At the completion of mining of the pit site, a cessation certificate is required.
Should you have any future questions regarding the requirements of the Act and Rules, please call me at (737) 465-2173. Your cooperation in complying with this program and protecting the motoring public is appreciated.
TODD B HUDDLESON ___J I Texas De~rtmMt of Tr•nsporl•tlon Maintenance Division Quarry / Pit Safety Program 6230 E. Stassney Lane Austin, TX 78744 Office 737.465.2173 [email protected]
OUR VALUES: People • Accountability • Trust • Honesty OUR MISSION: Connecting You With Texas An Equal Opportunity Employer Texas Department of Transportation Safety Certificate Quarry and Pit Safety Certificate TxDOT SC No., SC-1367 TxDOT Pit No. 2230 Quarry or Pit Location Erath County, Seldon, Texas, Farm to Market 913, 32.149702, -98.110821
This certifies that US Sand and Gravel LLC, Seldon Pit has met the requirements for a safety certificate in accordance with the Texas Aggregate Quarry and Pit Safety Act, (Title 4, Natural Resources Code, Chapter 133) and Regulations (Texas Administrative Code) administered by the Texas Department of Transportation.
Date of Issue is June 30, 2025
Certificate transfer, denial of transfer, revocation and cessation of operations of the pit or quarry are subject to Sections 133.051 through 133.054 and Section 133.901 of Chapter 133 of the Texas Aggregate Quarry and Pit Safety Act.
Signed by,
Todd B. Huddleson Quarry/Pit Safety Program Manager ~ ®
I Texas Department of Transportation EAST 11TH STREET, AUSTIN, TEXAS 78701-2483 I 512.463.8588 I WWW.TXDOT.GOV
June 30, 2025
Casey Raitz US Sand and Gravel, LLC 1111 N. Graham Street Stephenville, Texas 76401 RE: Safety Certificate Mr. Raitz, As requested you have submitted the required paperwork for the US Sand and Gravel LLC, Proctor Pit for compliance with the Texas Aggregate Quarry and Pit Safety Act (Act) under Natural Resources Code, Title 4, Chapter 133, Section 133.045. The earthen berm barriers and highwall sloping are necessary to protect the traveling public and adjacent property where applicable. Maintenance will be required in the future if needing to comply with Title 4, Natural Resources Code, Chapter 133, Sections 133.04land 133.901. The quarry meets the minimum requirements to be issued a safety certificate, and enclosed is the safety certificate for the US Sand and Gravel LLC, Proctor Pit.
All safety requirements under the Act and Texas Administrative Code, Title 43, Chapter 21, Subchapter M remain in effect during the entire mining process. A safety certificate may be transferred to another responsible person, as long as the safety requirements are met, and transfer of the safety certificate follows the procedure specified in Sec. 133.051 of the Act. At the completion of mining of the pit site, a cessation certificate is required.
Should you have any future questions regarding the requirements of the Act and Rules, please call me at (737) 465-2173. Your cooperation in complying with this program and protecting the motoring public is appreciated.
TODD B HUDDLESON I-=-A Texas O.partment of Tr• nsport• tion Maintenance Division Quarry/ Pit Safety Program 6230 E. Stassney Lan e Austin, TX 78744 Office 737.465.2173 [email protected]
OUR VALUES: People • Accountability • Trust • Honesty OUR MISSION: Connecting You With Texas An Equal Opportunity Employer Texas Department of Transportation Safety Certificate Quarry and Pit Safety Certificate TxDOT SC No., SC-1369 TxDOT Pit No. 2232 Quarry or Pit Location Comanche County, Dublin, Texas, 4458 Farm to Market 1476, 31.914663, -98.404862
This certifies that US Sand and Gravel LLC, Proctor Pit has met the requirements for a safety certificate in accordance with the Texas Aggregate Quarry and Pit Safety Act, (Title 4, Natural Resources Code, Chapter 133) and Regulations (Texas Administrative Code) administered by the Texas Department of Transportation.
Date of Issue is June 30, 2025
Certificate transfer, denial of transfer, revocation and cessation of operations of the pit or quarry are subject to Sections 133.051 through 133.054 and Section 133.901 of Chapter 133 of the Texas Aggregate Quarry and Pit Safety Act.
Signed by, Zd✓3. o¼✓~,41 Todd B. Huddleson Quarry/Pit Safety Program Manager ~ ®
I Texas Department of Transportation EAST 11TH STREET, AUSTIN, TEXAS 78701-2483 I 512.463.8588 I WWW.TXDOT.GOV
June 30, 2025
Casey Raitz US Sand and Gravel, LLC 1111 N. Graham Street Stephenville, Texas 76401 RE: Safety Certificate Mr. Raitz, As requested you have submitted the required paperwork for the US Sand and Gravel LLC, US S. Mine for compliance with the Texas Aggregate Quarry and Pit Safety Act (Act) under Natural Resources Code, Title 4, Chapter 133, Section 133.045. The earthen berm barriers and highwall sloping are necessary to protect the traveling public and adjacent property where applicable. Maintenance will be rnquired in the future if needing to comply with Title 4, Natural Resources Code, Chapter 133, Sections 133.04land 133.901. The quarry meets the minimum requirements to be issued a safety certificate, and enclosed is the safety certificate for the US Sand and Gravel LLC, US 281 S. Mine.
All safety requirements under the Act and Texas Administrative Code, Title 43, Chapter 21 , Subchapter M remain in effect during the entire mining process. A safety certificate may be transferred to another responsible person, as long as the safety requirements are met, and transfer of the safety certificate follows the procedure specified in Sec. 133.051 of the Act. At the completion of mining of the pit site, a cessation certificate is required.
Should you have any future questions regarding the requirements of the Act and Rules, please caJI me at (737) 465-2173. Your cooperation in complying with this program and protecting the motoring public is appreciated.
TODD B HUDDLESON ~ © ~ H Departmont of Tr•nsport• tion Maintenance Division Quarry/ Pit Safety Program 6230 E. Stassney Lane Austin, TX 78744 Office 737.465.2173 [email protected]
OUR VALUES: People • Accountability • Trust • Honesty OUR MISSION: Connecting You With Texas An Equal Opportunity Employer Texas Department of Transportation Safety Certificate Quarry and Pit Safety Certificate TxDOT SC No., SC-1368 TxDOT Pit No. 2231 Quarry or Pit Location Erath County, Hico, Texas, 17298 US Highway 281, 32.104405, -98.126388
This certifies that US Sand and Gravel LLC, US 281 S. Mine has met the requirements for a safety certificate in accordance with the Texas Aggregate Quarry and Pit Safety Act, (Title 4 , Natural Resources Code, Chapter 133) and Regulations (Texas Administrative Code) administered by the Texas Department of Transportation.
Date of Issue is June 30, 2025
Certificate transfer, denial of transfer, revocation and cessation of operations of the pit or quarry are subject to Sections 133.051 through 133.054 and Section 133.901 of Chapter 133 of the Texas Aggregate Quarry and Pit Safety Act.
Signed by,
Todd B. Huddleson Quarry/Pit Safety Program Manager 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.
Ally Wickliffe on behalf of Joshua Longi Bar No. 24095228 [email protected] Envelope ID: 105651124 Filing Code Description: Motion Filing Description: Joint Motion Requesting Rendition of Final Judgment Status as of 9/16/2025 3:36 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status William LMennucci [email protected] 9/16/2025 2:59:25 PM SENT Krissi Martinez [email protected] 9/16/2025 2:59:25 PM SENT Kasey Rachel [email protected] 9/16/2025 2:59:25 PM SENT
Associated Case Party: Texas Department of Transportation Name BarNumber Email TimestampSubmitted Status Joshua Longi 24095228 [email protected] 9/16/2025 2:59:25 PM SENT Ally Wickliffe [email protected] 9/16/2025 2:59:25 PM SENT
Associated Case Party: U.S. Sand & Gravel LLC Name BarNumber Email TimestampSubmitted Status Christi Benoit [email protected] 9/16/2025 2:59:25 PM SENT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.