Home/Court of Appeals of Texas/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

Court of Appeals of Texas·Decided July 2, 2025·No. 15-25-00086-CV·Published

Opinion

ACCEPTED

15-25-00086-Cv

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 7/2/2025 4:18 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 7/2/2025 4:18:45 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

APPELLANTS - PLAINTIFFS FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

Pursuant to Rule 10.5(b) of the Texas Rules of Appellate Procedure,

Appellants – Plaintiffs, Cities of Grand Prairie, Aledo, Angleton, Aubrey, Bulverde,

APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF Page 1

Burleson, 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 (collectively, the

“Cities”) respectully requests a thirty day extension of time to file its Appellants’s

brief.

1. The Cities filed a notice of appeal on May 6, 2025.
2. The Cities’ principal brief is due on July 14, 2025.

3. The Cities seek an additional thirty (30) days to file their 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. Counsel for the Cities is

preparing an Appellee’s brief in a case styled Babcorp 200, Ltd v. City of Grand

Prairie, et. Al, cause number 06-25-00006-CV in the 6th District Court of Appeals,

Texarkana. Additionally, Appellants – Plaintiffs has a series of other upcoming

deadlines including but not limited to a Joint Advisory Report on the Consolidation

of Cases in NCSUD vs. City of Princeton, cause number 4:23-CV-00002 in the United

States District Court for the Eastern District of Texas, Sherman Division and

preparing for a Special Commissioner’s Hearing in a case styled The City of Celina,

Texas vs. Sashi Varanasi, Toby Varghese, et al, cause number 004-05183-2024 in the

Collin County Court at Law No. 4 in Collin County, Texas.

4. The Court has the authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file a brief.

APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF Page 2

5. Appellees are unopposed to the relief requested herein.

6. No extension has previously been requested or granted to extend the

time to file the Cities’ brief.

WHEREFORE, Appellants – Plaintiffs, Cities of Grand Prairie, Aledo,

Angleton, Aubrey, Bulverde, Burleson, 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 prays that the Court grant this motion and extend the time

to file Appellants – Plaintiffs’ brief for thirty (30) days, or by August 13, 2025.

Respectfully submitted,

/s/Timothy A. Dunn BRADFORD E. BULLOCK STATE BAR NO. 00793423 brad@txmunicipallaw.com ARTURO D. RODRIGUEZ, JR. State Bar No. 00791550 art@txmunicipallaw.com 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 andy@txmunicipallaw.com TIMOTHY A. DUNN

APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF Page 3

STATE BAR NO. 24050542 taddunn@txmunicipallaw.com 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 June 27, 2025, counsel for the Cities conferred with counsel for Appellees - Defendants who indicated that they are unopposed to the motion.

/s/Timothy A. Dunn TIMOTHY A. DUNN

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 July 2, 2025.

/s/Timothy A. Dunn TIMOTHY A. DUNN

APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF 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 sherry@txmunicipallaw.com Envelope ID: 102717862 Filing Code Description: Motion Filing Description: Appellants' First Motion for Extension to file Brief Status as of 7/2/2025 4:39 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Allison Collins 24127467 Acollins@fosterswift.com 7/2/2025 4:18:45 PM SENT

Sherry Brown sherry@txmunicipallaw.com 7/2/2025 4:18:45 PM SENT

Andy Messer andy@txmunicipallaw.com 7/2/2025 4:18:45 PM SENT

Brad Bullock brad@txmunicipallaw.com 7/2/2025 4:18:45 PM SENT

Timothy Dunn Taddunn@txmunicipallaw.com 7/2/2025 4:18:45 PM SENT

Todd Disher todd@lehotskykeller.com 7/2/2025 4:18:45 PM SENT

William Thompson will@lkcfirm.com 7/2/2025 4:18:45 PM SENT

Cole Wilson cole.wilson@oag.texas.gov 7/2/2025 4:18:45 PM SENT

Guillermo Trevino will.trevino@brownsvilletx.gov 7/2/2025 4:18:45 PM SENT

Lena Chaisson-Munoz lena.munoz@brownsvilletx.gov 7/2/2025 4:18:45 PM SENT

George Hyde ghyde@txlocalgovlaw.com 7/2/2025 4:18:45 PM SENT

Matthew Weston mweston@txlocalgovlaw.com 7/2/2025 4:18:45 PM SENT

David Overcash david.overcash@wtmlaw.net 7/2/2025 4:18:45 PM SENT

Clark McCoy cmccoy@wtmlaw.net 7/2/2025 4:18:45 PM SENT

Associated Case Party: City of Brownsville, Texas

Name BarNumber Email TimestampSubmitted Status

Lena Chaisson-Munoz lena.munoz@brownsvilletx.gov 7/2/2025 4:18:45 PM SENT

Will S.Trevino will.trevino@brownsvilletx.gov 7/2/2025 4:18:45 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 sherry@txmunicipallaw.com Envelope ID: 102717862 Filing Code Description: Motion Filing Description: Appellants' First Motion for Extension to file Brief Status as of 7/2/2025 4:39 PM CST

Associated Case Party: Attorney General Kenneth Paxton (in his Official Capacity

Name BarNumber Email TimestampSubmitted Status

Raymond Abarca Raymond.Abarca@oag.texas.gov 7/2/2025 4:18:45 PM SENT

Cole Wilson Cole.Wilson@oag.texas.gov 7/2/2025 4:18:45 PM SENT

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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, (Tex. Ct. App. 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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.