City of New Braunfels, Texas v. Stop the Ordinances Please W. W. GAF, Inc. D/B/A Rockin R River Rides Texas Tubes Tourist Associated Businesses of Comal County Union River LLC D/B/A Landa River Trips Chuck's Tubes Waterpark Management, Inc. Tri-City Distributors, LP

• Court: Court of Appeals of Texas
• Decided: September 11, 2012
• Docket: 03-12-00528-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-12-00528-CV

City of New Braunfels, Texas, Appellant

v.

Stop The Ordinances Please; W. W. GAF, Inc. d/b/a Rockin R River Rides; Texas Tubes; Tourist Associated Businesses of Comal County; Union River LLC d/b/a Landa River Trips; Chuck's Tubes; Waterpark Management, Inc.; Tri-City Distributors, LP; et al., Appellees

FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT

NO. C2007-0387B, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING

O R D E R

PER CURIAM

Having reviewed the record, and in light of Stop The Ordinances Please v. City of New Braunfels, 306 S.W.3d 919 (Tex. App.--Austin 2010, no pet.) ("STOP I"), we grant in part appellee's motion to expedite the City of New Braunfels's interlocutory appeal, give the appeal precedence, and submit the appeal without additional briefing. The City is afforded the opportunity to file briefing addressing the issue of taxpayer standing, a basis for standing not previously addressed in STOP I, and necessary to our disposition of the City's challenge to the standing of appellee Stone Temple Williams. The City shall file its brief, if any, not later than Monday, September 24, 2012. Appellees will then be afforded the opportunity to file responsive briefing by not later than two weeks after the City's brief is filed, or may waive briefing. The cause will be submitted for decision upon receipt of appellee's briefing or waiver of briefing.

It is ordered on September 11, 2012.

Before Justices Puryear, Pemberton and Henson