In Re City of Kemah v. the State of Texas

Opinion

Opinion issued August 14, 2026

In The

Court of Appeals

For The

First District of Texas

to vacate the August 3, 2026 temporary restraining order and to further “refrain from

entertaining any further proceedings” in the underlying trial court cause pending the

City’s interlocutory appeal from the trial court’s order denying the City’s plea to the

jurisdiction.

In connection with its petition for writ of mandamus, the City also filed a

“Motion for Additional Temporary Relief,” requesting that the Court stay all

underlying trial court proceedings pending disposition of the petition for writ of

mandamus.

We conclude that the City has failed to establish it is entitled to mandamus

relief, and therefore, the Court denies the City’s petition for writ of mandamus. See

TEX. R. APP. P. 52.7(a)(1). We dismiss any pending motions, including the “Motion

for Additional Temporary Relief,” as moot.

PER CURIAM

Panel consists of Justices Guerra, Gunn, and Morgan.

Footnotes

1. NO. 01-26-00812-CV ——————————— IN RE CITY OF KEMAH, Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relator, the City of Kemah, filed a petition for writ of mandamus challenging the trial court’s August 3, 2026 temporary restraining order requested by real party in interest, Matthew D. Wiggins, doing business as Kemah B&B Group.1 The City’s petition requested that the Court grant the writ of mandamus and direct the trial court 1 The underlying case is Matthew D. Wiggins d/b/a Kemah B&B Group v. City of Kemah, Cause No. 26-CV-0296, in the 122nd District Court of Galveston County, Texas, the Honorable Jeth Jones presiding.