Robert Edward Battaile v. Texas Elections Division, Hon. Jane Nelson; Texas Secretary of State; Jeffrey Travillion, Travis County Commissioner

ACCEPTED 15-25-00142-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS NO. 15-25-00142-CV 11/10/2025 12:00 AM CHRISTOPHER A. PRINE IN THE FIFTEENTH COURT OF APPEALS CLERK FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 11/8/2025 3:12:00 PM CHRISTOPHER A. PRINE Clerk Robert Edward Battaile, Appellant/Relator/Plaintiff Pro Se v. Texas Elections Division, Hon. Jane Nelson; Texas Secretary of State; Jeffrey Travillion, Travis County Commissioner; Appellees/Respondents/Defendants

On Appeal and Related Original Proceeding from Cause No. D-1-GN-25-000719, Travis County, Texas

SUPPLEMENTAL NOTICE OF CONTINUING IRREPARABLE HARM, ILLEGAL QUORUM, AND DESTRUCTION OF HISTORIC DISTRICT PROPERTIES ON BOYCE STREET, MANOR TEXAS

TO THE HONORABLE JUDGES OF THE FIFTEENTH COURT OF APPEALS: Prefatory Statement: Constitutional Vacuum Every layer of government entrusted to correct these crimes has been systematically

–1– 15-25-00142-CV dismissed. The City that committed the violations, the County that supervised it, the State that was notified, and the Courts that promised review — all have disclaimed jurisdiction. The result is a constitutional vacuum in which unlawful acts continue unchecked. This Court alone now stands as the last remaining instrument of redress for the People of the Historic District and for the rule of law itself.

1. Purpose of Filing Plaintiff submits this Supplemental Notice to update the record concerning continuing and worsening destruction within the Old Manor Historic District, specifically along Boyce Street, as shown in Exhibits A–H (attached photographs dated November 8, 2025).

These developments result directly from actions taken under an illegally constituted City Council quorum, whose authority remains under challenge in Plaintiff’s pending election-contest claims and Mandamus appeal.

2. Procedural Background • The January 2025 TROs sought to prevent exactly this type of demolition and grading within the Historic District. • At the May 13 2025 hearing, Judge Soifer acknowledged on the record that the Election Contest Coercion issue would be “fast-tracked,” yet no final ruling was ever

–2– 15-25-00142-CV issued, and thus critical underpinnings of the entire complex cause have been in legal limbo since November 4th of 2024. • Meanwhile, the City Council — operating with members whose elections are under contest — has continued authorizing rezonings and expenditures predicated on a flawed Comprehensive Plan never proofread or disclosed to the public despite that being a mandatory term of its RFP. It was not voted on by the residents of Old Manor in a free and full disclosure election.

The property owner is identified as a buildblock.io – a South Korean real-estate investment platform controlling over $248 million in U.S. holdings. According to its own promotional materials, it uses artificial-intelligence algorithms to target and acquire undervalued parcels. The entity has shown no regard for the historic or cultural character of Old Manor and has pursued demolition and redevelopment purely for portfolio expansion and yield optimization.

3. Current Status of Harm Photographs (Exhibits A–E) show ongoing grading, trenching, and structural removal on Boyce Street, including parcels identified in Appendix One (Item 26: “Heritage Trees and 3-story Boxes on Boyce”).

Exhibits F and G document the immediately adjacent neighborhood homes and streetscapes endangered by this illegal activity, demonstrating the loss of historic context

–3– 15-25-00142-CV and residential integrity.

Exhibit H provides a Lighting Impact illustration showing how new commercial lighting and elevated structures will visually overpower the remaining residential corridor and historic sightlines, further confirming the urgency of Court intervention.

Exhibit I shows the city planners distorted vision of the “future” for our Historic District. Despite pending appellate jurisdiction, the City of Manor and its development partners are using the 605-page Comprehensive Plan as a cudgel to justify acts that would be unlawful absent a valid quorum or proper Historic-District review. This “nightmare vision” was never approved by the residents in a fair and fully-noticed election. Exhibit J shows the Historic District codified in 2017 and ignored ever since.

4. Legal Argument • Under Tex. Loc. Gov’t Code § 211.006 and § 253.001, actions that change permitted uses or alienate public land require a lawful governing body and notice to affected residents. • Any authorization or permit issued since November 2024 is void ab initio if approved by an illegally seated Council, as set forth in the Election-Contest pleadings. • The continued reliance on a defective Comprehensive Plan — prepared without final proofreading, citizen hearings, or publication — constitutes ultra vires conduct. • Each day’s delay in issuing injunctive relief compounds irreparable public harm, eliminating evidence and heritage assets protected under Tex. Health & Safety Code §

–4– 15-25-00142-CV 711.010 (cemetery protection) and the Texas Constitution Article I, § 17.

5. Relief Requested Plaintiff respectfully asks the Court(s) to: a) Accept this Notice and attached photographic Exhibits A–H into the record of both causes. b) Take judicial notice that the City of Manor continues to act under an illegal quorum. c) Review all prior Temporary Restraining Order motions pending resolution of the Mandamus and appeal. d) Direct the Attorney General or Travis County to conduct an independent investigation into violations of election law, quorum requirements, and misuse of Comprehensive-Plan funds. e) Order immediate suspension of all Boyce Street and adjacent Historic-District building permits until legality of governance is resolved.

6. Prayer WHEREFORE, PREMISES CONSIDERED, Plaintiff and Relator Robert Edward Battaile respectfully prays that this Honorable Court take immediate judicial notice of the continuing destruction within the Manor Historic District; order appropriate injunctive and supervisory relief to prevent further harm; and grant all such other and

–5– 15-25-00142-CV further relief—legal or equitable—as justice, equity, and the preservation of Texas history may require.

7. Unsworn Declaration I, Robert Edward Battaile, born on August 14, 1950 do declare that I am over the age of 18; and further declare under penalty of perjury that the attached photographs and illustrations are true and correct and that the foregoing statements are accurate to the best of my knowledge. Executed Nov. 8, 2025 in Manor, Texas.

/s/ Robert Edward Battaile Robert Edward Battaile, Pro Se E Eggleston St., Unit B Manor, TX 78653 [email protected] 512-662-2955

Certificate of Compliance I certify that this document contains 1,697 words, excluding the caption, signature block, and exhibits, as counted by the word-processing system used to prepare it, in compliance with Texas Rule of Appellate Procedure 9.4(i)(3).

s/ / Robert Edward Battaile Robert Edward Battaile, Pro Se Date: November 8, 2025

–6– 15-25-00142-CV Exhibit Index Exhibit A – Boyce North 1 of 3 (IMG 5093) Exhibit B – Boyce North 2 of 3 (IMG 5094) Exhibit C – Boyce North 3 of 3 (IMG 5095) Exhibit D – Boyce South 1 of 2 (IMG 5100) Exhibit E – Boyce South 2 of 2 (IMG 5099) Exhibit F – Neighborhood Homes Perspective 1 Exhibit G – Neighborhood Homes Perspective 2, 3 Exhibit H – Lighting Impact Illustration Exhibit I – Illustration showing “nightmare vision” of Historic Main Street District in flawed and mis-used Comprehensive Plan Exhibit J - Historic District of Old Manor

–8– 15-25-00142-CV EXHIBIT A

EXHIBIT B EXHIBIT C

EXHIBIT D EXHIBIT E

EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I

EXHIBIT J 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.

Envelope ID: 107834979 Filing Code Description: Other Document Filing Description: BOYCE STREET DESTRUCTION UPDATE AND RELATED MATTERS Status as of 11/10/2025 7:41 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Jeffrey Hobbs 24012837 [email protected] 11/8/2025 3:12:00 PM SENT Michael Kabat 24050847 [email protected] 11/8/2025 3:12:00 PM SENT Joanna Salinas 791122 [email protected] 11/8/2025 3:12:00 PM SENT William Davidson 5447000 [email protected] 11/8/2025 3:12:00 PM SENT Gavin Villareal 24008211 [email protected] 11/8/2025 3:12:00 PM SENT Michael Roberts 24082153 [email protected] 11/8/2025 3:12:00 PM SENT Cynthia Veidt 24028092 [email protected] 11/8/2025 3:12:00 PM SENT Stephanie Serrano 24092655 [email protected] 11/8/2025 3:12:00 PM SENT Kevin O'Hanlon 15235500 [email protected] 11/8/2025 3:12:00 PM SENT Patrick Kelly 11228000 [email protected] 11/8/2025 3:12:00 PM SENT Tyler Ryska 24096597 [email protected] 11/8/2025 3:12:00 PM SENT Austin Jones 24116579 [email protected] 11/8/2025 3:12:00 PM SENT William Duncan 24124453 [email protected] 11/8/2025 3:12:00 PM SENT Roy Adams [email protected] 11/8/2025 3:12:00 PM SENT Victoria Gomez [email protected] 11/8/2025 3:12:00 PM SENT Lauren Bush 24142742 [email protected] 11/8/2025 3:12:00 PM SENT Anna Puff 24144206 [email protected] 11/8/2025 3:12:00 PM SENT Edward Smith 24037790 [email protected] 11/8/2025 3:12:00 PM SENT Robert EdwardBattaile [email protected] 11/8/2025 3:12:00 PM SENT Annette Bittick [email protected] 11/8/2025 3:12:00 PM SENT Patricia Muniz [email protected] 11/8/2025 3:12:00 PM SENT Raylynn Howell [email protected] 11/8/2025 3:12:00 PM SENT 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.

Envelope ID: 107834979 Filing Code Description: Other Document Filing Description: BOYCE STREET DESTRUCTION UPDATE AND RELATED MATTERS Status as of 11/10/2025 7:41 AM CST Case Contacts Raylynn Howell [email protected] 11/8/2025 3:12:00 PM SENT Kim McBride [email protected] 11/8/2025 3:12:00 PM SENT Lea Ohrstrom [email protected] 11/8/2025 3:12:00 PM SENT Sneed Vine &Perry [email protected] 11/8/2025 3:12:00 PM SENT Stormy Downing [email protected] 11/8/2025 3:12:00 PM SENT Andy Soule [email protected] 11/8/2025 3:12:00 PM SENT Karah Powers [email protected] 11/8/2025 3:12:00 PM SENT Martha AnnAdams [email protected] 11/8/2025 3:12:00 PM SENT Benjamin C. Hunt [email protected] 11/8/2025 3:12:00 PM SENT Eldridge Burns [email protected] 11/8/2025 3:12:00 PM SENT Amy Botelho [email protected] 11/8/2025 3:12:00 PM SENT Carol Shipley [email protected] 11/8/2025 3:12:00 PM SENT Emily Hill [email protected] 11/8/2025 3:12:00 PM SENT Anne Weir [email protected] 11/8/2025 3:12:00 PM SENT Legal Counsel [email protected] 11/8/2025 3:12:00 PM SENT W Fusselman [email protected] 11/8/2025 3:12:00 PM SENT