the Mayan at San Marcos River, LLC and City of Martindale, Texas v. City of San Marcos, Texas

Court of Appeals of Texas

the Mayan at San Marcos River, LLC and City of Martindale, Texas v. City of San Marcos, Texas

DecidedFebruary 28, 2020

Docket04-19-00018-CV

StatusPublished

This text of the Mayan at San Marcos River, LLC and City of Martindale, Texas v. City of San Marcos, Texas (the Mayan at San Marcos River, LLC and City of Martindale, Texas v. City of San Marcos, Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Opinion

Fourth Court of Appeals San Antonio, Texas February 28, 2020

No. 04-19-00018-CV

THE MAYAN AT SAN MARCOS RIVER, LLC and City of Martindale, Texas, Appellant

v.

CITY OF SAN MARCOS, Texas, Appellee

From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 18-0958-CV-A Honorable Jessica Crawford, Judge Presiding

ORDER The panel assigned to hear oral argument in this appeal is familiar with the facts and requests that the parties be prepared to address the application of sections 43.901 and 43.054 and former section 43.028(b) of the Texas Local Government Code to these circumstances. In addition to the arguments in the briefs, the panel is interested in the distinction, if any, between the terms “consent” and “petition” as they are used in those statutes. The panel further requests that the parties be prepared to discuss these statutes in light of the analysis in City of Murphy v. City of Parker, 932 S.W.3d 479 (Tex. 1996) and City of Celina v. City of Pilot Point, No. 02-08- 00230-CV, 2009 WL 2750978 (Tex. App.—Fort Worth Aug. 31, 2009, pet. denied). Entered on this 28th day of February, 2020.

PER CURIAM ATTESTED TO: _______________________________ Michael A. Cruz, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas February 28, 2020

No. 04-19-00018-CV

THE MAYAN AT SAN MARCOS RIVER, LLC and City of Martindale, Texas, Appellant

v.

CITY OF SAN MARCOS, Texas, Appellee

From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 18-0958-CV-A Honorable Jessica Crawford, Judge Presiding

ORDER The panel assigned to hear oral argument in this appeal is familiar with the facts and requests that the parties be prepared to address the application of sections 43.901 and 43.054 and former section 43.028(b) of the Texas Local Government Code to these circumstances. In addition to the arguments in the briefs, the panel is interested in the distinction, if any, between the terms “consent” and “petition” as they are used in those statutes. The panel further requests that the parties be prepared to discuss these statutes in light of the analysis in City of Murphy v. City of Parker, 932 S.W.3d 479 (Tex. 1996) and City of Celina v. City of Pilot Point, No. 02-08- 00230-CV, 2009 WL 2750978 (Tex. App.—Fort Worth Aug. 31, 2009, pet. denied). Entered on this 28th day of February, 2020.

PER CURIAM ATTESTED TO: _______________________________ Michael A. Cruz, Clerk of Court

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