Texas Commission on Environmental Quality and Republic Waste Services of Texas, Ltd. v. the City of Aledo and the City of Willow Park

Opinion

ACCEPTED 03-13-00113-CV 6044095 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/13/2015 4:03:00 PM JEFFREY D. KYLE CLERK NO. 03-13-00113-CV

TEXAS COMMISSION ON § FILED IN ENVIRONTMENTAL QUALITY AND § 3rd COURT OF APPEALS REPUBLIC WASTE SERVICES, LTD. § AUSTIN, TEXAS IN THE COURT OF APPEALS 7/13/2015 4:03:00 PM Appellants § § JEFFREY D. KYLE Clerk FOR THE THIRD JUDICIAL v. § § DISTRICT OF TEXAS THE CITY OF ALEDO AND THE CITY § OF WILLOW PARK, § Appellees § §

THE CITY OF WILLOW PARK’S MOTION TO EXTEND TIME TO FILE MOTION FOR REHEARING

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellee, City of Willow Park (“Willow Park”), files this, its Motion for an

Extension of Time to File a Motion for Rehearing in the above-referenced cause, and would

show as follows:

Willow Park’s Motion for Rehearing is currently due July 23, 2015. Willow Park

requests that the deadline be extended until September 4, 2015, 43 days from the current

deadline. This is Willow Park’s first request for an extension of time to file a motion for

rehearing.

Counsel for Republic Waste Services of Texas, Ltd. (“Republic”) and for Texas

Commission on Environmental Quality (“TCEQ”) are UNOPPOSED to this request for an

extension of time.

1 REASONS FOR REQUEST

Willow Park requests an extension of time to file its Motion for Rehearing because the

Willow Park management will not be able to consider the court’s opinion, and the attorney

responsible for preparing this Motion, Mary K. Sahs, will not be able to begin preparations

for or complete the motion within the current deadline of July 23, 2015, despite the exercise

of diligence:

1. At the time of issuance of the opinion, the Mayor of the City of Willow Park was

on vacation out of state until July 13, 2015.

2. The first meeting of the Willow Park City Council after issuance of the opinion will

be on July 14, at which time it will consider the Court’s opinion.

3. Ms. Sahs will be on vacation July 20 – 26, 2015.

2 CONCLUSION AND PRAYER

For the foregoing reasons, Willow Park respectfully requests an additional 43 days,

up to and including September 4, 2015, to file its Motion for Rehearing. This is Willow

Park’s first request for an extension of time to file this Motion.

Respectfully Submitted,

/s/ Mary K. Sahs Mary K. Sahs State Bar No. 17522300

MARY K. SAHS, P.C. 609 Thrasher Lane Austin, TX 78741 (512) 326-2556 (telephone) (512) 597-2516 (facsimile) COUNSEL FOR CITY OF WILLOW PARK

CERTIFICATE OF CONFERENCE

By my signature below, I hereby certify that counsel for the City of Willow Park conferred with Eric Allmon, counsel for the City of Aledo, Ms. Nancy Olinger, counsel for the TCEQ, and Mr. Brent Ryan, counsel for Republic. Mr. Allmon, Ms. Olinger, and Mr. Ryan are UNOPPOSED to this motion.

3 CERTIFICATE OF SERVICE

By my signature below, I certify that on this 13th day of July, 2015, a copy of the foregoing document was served upon the parties identified below via facsimile transmission, electronic mail, hand delivery and/or U.S. Postal Mail.

/s/ Mary K. Sahs Mary K. Sahs

FOR THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY: Nancy Olinger Office of the Attorney General, Envtl. Prot. & Admin. Law Div. P.O. Box 12548 (MC-018) Austin, TX 78711-2548 Telephone (512) 463-2012 Facsimile (512) 320-0911 Nancy.Olinger@texasattorneygeneral.gov

FOR REPUBLIC WASTE SERVICES OF TEXAS: Mr. Brent Ryan Mr. Paul R. Tough McElroy, Sullivan, Miller, Weber & Olmstead, L.L.P. P.O. Box 12127 Austin, TX 78711 Telephone (512) 327-8111 Facsimile (512) 327-6566 bryan@msmtx.com ptough@msmtx.com

FOR THE CITY OFALEDO: Mr. Eric Allmon Frederick, Perales, Allmon & Rockwell, P.C. 707 Rio Grande, Suite 200 Austin, Texas 78701 Telephone (512) 469-6000 Facsimile (512) 482-9346 ealmon@lf-lawfirm.com