2020 Long Tail Trail Investments, LLC, City of Cibolo, Texas, City of Brownsville, Texas, City of Bonham, Texas, and City of Anna, Texas 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
5/8/2025 11:14 AM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-23-007785 D-1-GN-23-007785 Selina Hamilton
CITY OF GRAND PRAIRIE, et al., § FILED IN Plaintiffs, § 15th COURT OF APPEALS § AUSTIN, TEXAS AND § IN THE5/9/2025 DISTRICT COURT 8:59:44 AM § CHRISTOPHER A. PRINE CITY OF ANNA, CITY OF BONHAM, § Clerk CITY OF BROWNSVILLE, and CITY OF § CIBOLO, Intervenor-Plaintiffs § § v. § OF TRAVIS COUNTY, TEXAS § THE 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, § 261st JUDICIAL DISTRICT Defendants, § § AND § § 2020 LONG TAIL TRAIL INVESTMENTS, § LLC, Intervenor-Defendant. §
PLAINTIFF-INTERVENOR CITY OF BONHAM’S NOTICE OF APPEAL
To the Honorable Judge of this Court:
1. Under Rule 26 of the Texas Rules of Appellate Procedure (“TRAP”), appellant
City of Bonham, Texas (“Bonham”), a plaintiff-intervenor in the above action, files this
notice of appeal to the Fifteenth Court of Appeals at Austin, Travis County, Texas.
2. Appellant desires to appeal from an order entered in the above-styled and
numbered case, pending in this court, said order signed on April 14, 2025, by Judge
Maria Cantu Hexsel of the 53rd Judicial District Court. Specifically, parties-defendant are
governmental units and/or officials whose plea(s) to the jurisdiction were granted, with
said order stating that it “resolves all pending claims and closes the case.”
PLAINTIFF-INTERVENOR CITY OF BONHAM’S NOTICE OF APPEAL - Page 1 of 3 3. This appeal is timely as it is filed within 30 days of the final judgment in the trial
court and within 14 days of the first filed notice of appeal, in accordance with TRAP 26. 1
The Fifteenth Court of Appeals has exclusive intermediate appellate jurisdiction over
this matter in accordance with Texas Government Code § 22.220(d), as it involves
matters where pleadings challenge the constitutionality or validity of a state statute and
the Texas Attorney General is a party to the case.
Date: May 8, 2025. Respectfully submitted,
By: /s/David Overcash David Overcash State Bar No. 24075516 david.overcash@wtmlaw.net Clark McCoy State Bar No. 90001803 cmccoy@wtmlaw.net 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 972.712.3530 telephone 972.712.3540 facsimile
ATTORNEYS FOR CITY OF BONHAM, TEXAS
1 On May 6, 2025, the City of Grand Prairie (and other party-plaintiff municipalities joined in their pleadings) filed a Notice of Appeal, which similarly seeks review of the April 14, 2025 order by the Fifteenth Court of Appeals. Bonham does not necessarily agree that the April 14 order includes “unequivocal finality language” that expressly disposes of all claims and parties, recognizes that Judge Hexsel’s order includes the passage “[t]his order resolves all pending claims and closes the case[,]” which has been construed by other parties as a final judgment, and a notation of “FINAL JUDGMENT” appears with the even date (April 14, 2025) in the electronic filing system of this court. See https://odysseyweb.traviscountytx.gov/app/RegisterOfActions/#/34DAAE3004A6AA62A74664FEFF70D4 C7528C287D16FE869642001BA9364C414C/anon/portalembed (last visited May 7, 2025). This appeal is therefore timely under Rule 26.1, but would alternatively be timely under 26.1(d), as other parties have filed notices of appeal even if the order of April 14 was not a final judgment. See TRAP 26.
PLAINTIFF-INTERVENOR CITY OF BONHAM’S NOTICE OF APPEAL - Page 2 of 3 CERTIFICATE OF SERVICE
I hereby certify that on May 8, 2025, a true and correct copy of the foregoing instrument has been served electronically through e-service in compliance with Tex. R. Civ. P. 21a to all Counsel of Record.
/s/ David Overcash David Overcash
PLAINTIFF-INTERVENOR CITY OF BONHAM’S NOTICE OF APPEAL - Page 3 of 3 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.
Crystal Adams on behalf of David Overcash Bar No. 24075516 cadams@wtmlaw.net Envelope ID: 100593347 Filing Code Description: Notice of Appeal Filing Description: PLAINTIFF-INTERVENOR CITY OF BONHAM’S NOTICE OF APPEAL Status as of 5/9/2025 8:46 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Sherry Brown sherry@txmunicipallaw.com 5/8/2025 11:14:44 AM SENT
Andy Messer andy@txmunicipallaw.com 5/8/2025 11:14:44 AM SENT
Clark McCoy 90001803 cmccoy@wtmlaw.net 5/8/2025 11:14:44 AM SENT
William Thompson 24088531 will@lkcfirm.com 5/8/2025 11:14:44 AM SENT
David Overcash 24075516 david.overcash@wtmlaw.net 5/8/2025 11:14:44 AM SENT
George Hyde 45006157 ghyde@txlocalgovlaw.com 5/8/2025 11:14:44 AM SENT
Matthew Weston 24037698 mweston@txlocalgovlaw.com 5/8/2025 11:14:44 AM SENT
Laura Hendrix laura.hendrix@oag.texas.gov 5/8/2025 11:14:44 AM SENT
Michael Bostic 24113617 michael.bostic@tdlr.texas.gov 5/8/2025 11:14:44 AM SENT
Stephen Speck 24120474 stephen.speck@cpa.texas.gov 5/8/2025 11:14:44 AM SENT
Cole Wilson 24122856 cole.wilson@oag.texas.gov 5/8/2025 11:14:44 AM SENT
Marianne Banks marianne@texasmunicipallawyers.com 5/8/2025 11:14:44 AM SENT
Allison Collins 24127467 allison.collins@oag.texas.gov 5/8/2025 11:14:44 AM SENT
Hope Avila hope@texasmunicipallawyers.com 5/8/2025 11:14:44 AM SENT
Timothy Dunn timothy@txmunicipallaw.com 5/8/2025 11:14:44 AM SENT
Brad Bullock brad@txmunicipallaw.com 5/8/2025 11:14:44 AM SENT
Matthew Weston mweston@txlocalgovlaw.com 5/8/2025 11:14:44 AM SENT
Lena Chaisson-Munoz lena.munoz@brownsvilletx.gov 5/8/2025 11:14:44 AM SENT
Raymond Abarca Raymond.Abarca@oag.texas.gov 5/8/2025 11:14:44 AM SENT
Becky Kohl beckyk@txmunicipallaw.com 5/8/2025 11:14:44 AM SENT
Timothy A.Dunn taddunn@txmunicipallaw.com 5/8/2025 11:14:44 AM SENT
Victoria Wilhelm vwilhelm@txlocalgovlaw.com 5/8/2025 11:14:44 AM 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.
Crystal Adams on behalf of David Overcash Bar No. 24075516 cadams@wtmlaw.net Envelope ID: 100593347 Filing Code Description: Notice of Appeal Filing Description: PLAINTIFF-INTERVENOR CITY OF BONHAM’S NOTICE OF APPEAL Status as of 5/9/2025 8:46 AM CST
Case Contacts
Victoria Wilhelm vwilhelm@txlocalgovlaw.com 5/8/2025 11:14:44 AM SENT
Maisa Siqueira maisa@txmunicipallaw.com 5/8/2025 11:14:44 AM SENT
Josh Morrow Josh@lkcfirm.com 5/8/2025 11:14:44 AM SENT
Todd Disher todd@lkcfirm.com 5/8/2025 11:14:44 AM SENT
Will Trevino will.trevino@brownsvilletx.gov 5/8/2025 11:14:44 AM SENT
Maida Garcia maida.garcia@brownsvilletx.gov 5/8/2025 11:14:44 AM SENT
Evelyne Jones ejones@txlocalgovlaw.com 5/8/2025 11:14:44 AM SENT
Lauren Fogerty lfogerty@txlocalgovlaw.com 5/8/2025 11:14:44 AM SENT
Elena Bendea Elena.Bendea@cpa.texas.gov 5/8/2025 11:14:44 AM SENT
Adam Fellows Adam.Fellows@cpa.texas.gov 5/8/2025 11:14:44 AM SENT
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2020 Long Tail Trail Investments, LLC, City of Cibolo, Texas, City of Brownsville, Texas, City of Bonham, Texas, and City of Anna, Texas 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, City of Cibolo, Texas, City of Brownsville, Texas, City of Bonham, Texas, and City of Anna, Texas 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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.