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, Jona Enterprises LLC; 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

CourtTexas Court of Appeals, 3rd District (Austin)
DecidedFebruary 27, 2026
Docket03-25-00546-CV
StatusPublished

This text of 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, Jona Enterprises LLC; 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, Jona Enterprises LLC; 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) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 3rd District (Austin) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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, Jona Enterprises LLC; 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. 2026).

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, Jona Enterprises LLC, 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 May 28, 2026.

It is so ordered on February 27, 2026.

Before Justices Triana, Kelly, and Ellis

Abated

Filed: February 27, 2026

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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, Jona Enterprises LLC; 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, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-taylor-texas-mayor-dwayne-ariola-in-his-official-capacity-txctapp3-2026.