2020 Long Tail Trail Investments, LLC v. State of Texas, Attorney General Kenneth Paxton (In His Official Capacity), Acting Texas Comptroller of Public Accounts Kelly Hancock (In His Official Capacity), and the Office of the Texas Comptroller of Public Accounts

ACCEPTED 15-25-00086-Cv FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 12/1/2025 10:54 AM 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 12/1/2025 10:54:14 AM _________________________________________________________________ CHRISTOPHER A. PRINE Clerk CITY OF GRAND PRAIRIE, CITY OF ALEDO, CITY OF ANGLETON, CITY OF AUBREY, CITY OF BULVERDE, CITY OF CLYDE, CITY OF COLLEGE STATION, CITY OF CRANDALL, CITY OF DENISON, CITY OF DENTON, CITY OF EDCOUCH, CITY OF ELSA, CITY OF FATE, CITY OF HUTTO, CITY OF KAUFMAN, CITY OF LA VILLA, 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 BROWNSVILLE, CITY OF CIBOLO, 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, ACTING TEXAS COMPTROLLER OF PUBLIC ACCOUNTS KELLY HANCOCK, IN HIS OFFICIAL CAPACITY, AND THE OFFICE OF THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS Appellees – Defendants __________________________________________________________________ APPELLANTS - PLAINTIFFS FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF __________________________________________________________________ Pursuant to Rule 10.5(b) of the Texas Rules of Appellate Procedure, Appellants – Plaintiffs, Cities of Grand Prairie, Aledo, Angleton, Aubrey, Brownsville, Bulverde, Cibolo, Clyde, College Station, Crandall, Denison, Denton, APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF Page 1 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 twenty (20) day extension of time to file Appellants’ Reply brief.

1. The Cities filed a notice of appeal on May 6, 2025.

2. The Cities’ principal brief was filed on August 15, 2025.

3. Appellee’s response brief was due Monday, September 15, 2025 and requested a 30-day extension until October 15, 2025 which was granted.

4. Appellee’s then filed a second unopposed motion for extension of time for an additional 16 days extending their response brief until October 31, 2025.

5. Appellee’s then filed a third unopposed motion for extension of time for an additional 14 days extending their brief until November 14, 2025.

6. Cities current deadline to file their reply brief is December 4, 2025.

7. Cities seek an additional twenty (20) days to file their reply 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. Additionally, Cities counsel, Timothy Allen Dunn, recently and unexpectedly passed away on October 30, 2025.

8. Mr. Dunn had primary responsibility for preparing the brief in this matter. As a result of his unexpected passing, additional time is needed for remaining counsel to review the file, reassign responsibilities, and complete the preparation of the brief.

APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF Page 2 9. Additionally, counsel for the Cities is currently assisting in the preparation of a Motion for Summary Judgment in a case styled 15508 Impact Way, LLC v. Pflugerville Community Development Corporation and City of Pflugerville, case number 1:24-cv-00914 in the United States District Court for the Western District of Texas, Austin Division and is preparing an Appellee’s Brief in a case styled Verdego Materials, LLC and Clayton Wittwer v. City of Combine, Case No. 05-25- 00912-CV in the Fifth Court of Appeals, Dallas, Texas.

10. The Court has the authority under Texas Rule of Appellate Procedure 38.6(d) to extend the time to file a brief.

11. Appellees are unopposed to the relief requested herein.

12. No extension has previously been requested or granted to extend the time to file the Cities’ reply brief.

WHEREFORE, Appellants – Plaintiffs, Cities of Grand Prairie, Aledo, Angleton, Aubrey, Brownsville, Bulverde, 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 pray that the Court grant this motion and extend the time to file Appellants – Plaintiffs’ brief for twenty (20) days, or by December 24, 2025.

APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF Page 3 Respectfully submitted, /s/Wm. Andrew Messer 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] 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 November 26, 2025 counsel for the Cities conferred with counsel for Appellees - Defendants who indicated that they are unopposed to the motion.

/s/Wm. Andrew Messer WM ANDREW MESSER

APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF Page 4 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 December 1, 2025.

/s/Wm. Andrew Messer WM. ANDREW MESSER

APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF Page 5 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: 108550512 Filing Code Description: Motion Filing Description: Appellants-Plaintiffs 1st Unopp Motion for Extension of Time to File Reply Brief Status as of 12/1/2025 11:40 AM CST Associated Case Party: Attorney General Kenneth Paxton (in his Official Capacity Name BarNumber Email TimestampSubmitted Status Jennifer Holt [email protected] 12/1/2025 10:54:14 AM SENT Cole Wilson [email protected] 12/1/2025 10:54:14 AM SENT Tristan AGarza [email protected] 12/1/2025 10:54:14 AM SENT Lynn Saarinen [email protected] 12/1/2025 10:54:14 AM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Allison Collins 24127467 [email protected] 12/1/2025 10:54:14 AM SENT Sherry Brown [email protected] 12/1/2025 10:54:14 AM SENT Andy Messer [email protected] 12/1/2025 10:54:14 AM SENT Brad Bullock [email protected] 12/1/2025 10:54:14 AM SENT Todd Disher [email protected] 12/1/2025 10:54:14 AM SENT William Thompson [email protected] 12/1/2025 10:54:14 AM SENT Cole Wilson [email protected] 12/1/2025 10:54:14 AM SENT Guillermo Trevino [email protected] 12/1/2025 10:54:14 AM SENT Lena Chaisson-Munoz [email protected] 12/1/2025 10:54:14 AM SENT George Hyde [email protected] 12/1/2025 10:54:14 AM SENT Matthew Weston [email protected] 12/1/2025 10:54:14 AM SENT David Overcash [email protected] 12/1/2025 10:54:14 AM SENT Clark McCoy [email protected] 12/1/2025 10:54:14 AM SENT

Associated Case Party: City of Brownsville, Texas 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: 108550512 Filing Code Description: Motion Filing Description: Appellants-Plaintiffs 1st Unopp Motion for Extension of Time to File Reply Brief Status as of 12/1/2025 11:40 AM CST Associated Case Party: City of Brownsville, Texas Name BarNumber Email TimestampSubmitted Status Lena Chaisson-Munoz [email protected] 12/1/2025 10:54:14 AM SENT Will S.Trevino [email protected] 12/1/2025 10:54:14 AM SENT