City of Taylor, Texas; Mayor Dwayne Ariola, in His Official Capacity; Council Members Gerald Anderson, Shelli Cobb, Kelly Cmerek, Robert Garcia, in Their Official Capacities; And City Manager Bryan Laborde, in His Official Capacity v. Robert Marek; Cherie Turner Marek; Julius A. Wolbrueck; Roxana Thomas Wolbrueck; Michael F. Herzog, Jr.; Laurel T. Herzog; Glen R. Polasek; Joan P. Polasek; Duane D. Stoll; Sandra G. Stoll; Cecilia Ida Hannan as Trustee of the Cecilia Ida Hannan Trust; Loren Hengst; Kathleen Hengst; Erwin Hengst; And Sara Hengst

Court of Appeals of Texas·Decided November 14, 2025·No. 03-25-00369-CV·Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00369-CV NO. 03-25-00546-CV

City of Taylor, Texas; Mayor Dwayne Ariola, in his Official Capacity; Council Members Gerald Anderson, Shelli Cobb, Kelly Cmerek, Robert Garcia, in their Official Capacities; and City Manager Bryan Laborde, in his Official Capacity, Appellants

v.

Robert Marek; Cherie Turner Marek; Julius A. Wolbrueck; Roxana Thomas Wolbrueck; Michael F. Herzog, Jr.; Laurel T. Herzog; Glen R. Polasek; Joan P. Polasek; Duane D. Stoll; Sandra G. Stoll; Cecilia Ida Hannan as Trustee of The Cecilia Ida Hannan Trust; Loren Hengst; Kathleen Hengst; Erwin Hengst; and Sara Hengst, Appellees

FROM THE 425TH JUDICIAL DISTRICT COURT OF WILLIAMSON COUNTY, NO. 24-0447-C425, THE HONORABLE BETSY F. LAMBETH, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

On appellants’ unopposed motion, this Court previously abated these appeals to

allow the parties to engage in settlement negotiations. As ordered by the Court, the parties have

filed a joint status report regarding their request to extend the abatement period. They also filed

a joint motion to abate these appeals for an additional three months to continue their efforts to

negotiate and resolve this matter.

We grant the parties’ joint motion and abate the appeal for an additional 90 days

to allow the parties more time to engage in settlement negotiations. The parties shall submit a motion to dismiss the appeals, a motion to reinstate the appeals, or a status report on the

settlement process accompanied by a motion to extend the abatement on or before

February 12, 2026.

It is so ordered on November 14, 2025.

Before Justices Triana, Kelly, and Theofanis

Abated

Filed: November 14, 2025

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City of Taylor, Texas; Mayor Dwayne Ariola, in His Official Capacity; Council Members Gerald Anderson, Shelli Cobb, Kelly Cmerek, Robert Garcia, in Their Official Capacities; And City Manager Bryan Laborde, in His Official Capacity v. Robert Marek; Cherie Turner Marek; Julius A. Wolbrueck; Roxana Thomas Wolbrueck; Michael F. Herzog, Jr.; Laurel T. Herzog; Glen R. Polasek; Joan P. Polasek; Duane D. Stoll; Sandra G. Stoll; Cecilia Ida Hannan as Trustee of the Cecilia Ida Hannan Trust; Loren Hengst; Kathleen Hengst; Erwin Hengst; And Sara Hengst, (Tex. Ct. App. 2025).

City of Taylor, Texas; Mayor Dwayne Ariola, in His Official Capacity; Council Members Gerald Anderson, Shelli Cobb, Kelly Cmerek, Robert Garcia, in Their Official Capacities; And City Manager Bryan Laborde, in His Official Capacity v. Robert Marek; Cherie Turner Marek; Julius A. Wolbrueck; Roxana Thomas Wolbrueck; Michael F. Herzog, Jr.; Laurel T. Herzog; Glen R. Polasek; Joan P. Polasek; Duane D. Stoll; Sandra G. Stoll; Cecilia Ida Hannan as Trustee of the Cecilia Ida Hannan Trust; Loren Hengst; Kathleen Hengst; Erwin Hengst; And Sara Hengst (City of Taylor, Texas; Mayor Dwayne Ariola, in His Official Capacity; Council Members Gerald Anderson, Shelli Cobb, Kelly Cmerek, Robert Garcia, in Their Official Capacities; And City Manager Bryan Laborde, in His Official Capacity v. Robert Marek; Cherie Turner Marek; Julius A. Wolbrueck; Roxana Thomas Wolbrueck; Michael F. Herzog, Jr.; Laurel T. Herzog; Glen R. Polasek; Joan P. Polasek; Duane D. Stoll; Sandra G. Stoll; Cecilia Ida Hannan as Trustee of the Cecilia Ida Hannan Trust; Loren Hengst; Kathleen Hengst; Erwin Hengst; And Sara Hengst) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.