The State of Texas v. City of Dallas; Eric Johnson, Mayor of Dallas; Tennell Atkins, Mayor Pro Tem of Dallas; Chad West, Jesse Moreno, Zarin D. Gracey, Carolyn King Arnold, Jaime Resendez, Omar Narvaez, Adam Bazaldua, Paula Blackmon, Kathy Stewart, Jaynie Schultz, Cara Mendelsohn, Gay Donnell Willis, and Paul E. Ridley, Members of the City Council of Dallas; Kimberly Bizol Tolbert, Interim City Manager of Dallas; And Michael T. Igo, Interim Chief of Police of Dallas; In Their Official Capacities
Opinion
ACCEPTED 15-25-00062-cv FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 7/11/2025 3:49 PM No. 15-25-00062-CV CHRISTOPHER A. PRINE CLERK
In the Court of Appeals 15th COURT FILED IN OF APPEALS
for the Fifteenth Judicial District7/11/2025 3:49:44 PM AUSTIN, TEXAS
Austin, Texas CHRISTOPHER A. PRINE Clerk
State of Texas, Appellant. v. CITY OF DALLAS, ET AL., Appellees.
On Appeal from the 134th Judicial District Court, Dallas County
UNOPPOSED MOTION TO DISMISS APPEAL
K EN P AXTON R YAN G. K ERCHER Attorney General of Texas Chief, Special Litigation
B RENT W EBSTER Z ACHARY L. R HINES First Assistant Attorney General Special Counsel State Bar No. 24116957 R ALPH M OLINA Zachary.Rhines@oag.texas.gov Deputy First Assistant Attorney General K YLE S. T EBO R YAN D. W ALTERS Special Counsel Deputy Attorney General for Legal Strategy State Bar No. 24137691 Kyle.Tebo@oag.texas.gov Office of the Attorney General of Texas COUNSEL FOR APPELLANT P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 Tel.: (512) 936-1700 Fax: (512) 474-2697 TO THE HONORABLE FIFTEENTH COURT OF APPEALS: Pursuant to Texas Rule of Appellate Procedure 42.1(a)(1), the State voluntarily
moves to dismiss this appeal. This appeal centers around whether the trial court
properly denied the State’s application for a temporary injunction, which would have prevented Appellees from implementing a marijuana decriminalization charter
amendment. At issue in this case is whether the Appellees may amend the City of
Dallas’s charter to functionally decriminalize possession of marijuana. After this Court’s decisions in State of Texas v. City of Austin, et al., No. 15-24-00077-CV, and
State of Texas v. City of San Marcos, et al., No. 15-24-00084-CV, however, the Parties
have jointly decided to enter into an agreed temporary injunction. The trial court first issued the agreed temporary injunction on June 28, 2025, and, at the request of
the Parties, issued an amended temporary injunction on June 10, 2025.
Because the temporary injunction is now in place, the State sees no reason for
this appeal to remain active and thus requests that the Court dismiss this appeal.
This motion is unopposed.
2 P RAYER Texas respectfully requests that the Court grant this motion and dismiss this
appeal.
Date: May 2, 2025 Respectfully submitted,
Ken Paxton /s/ Zachary L. Rhines Attorney General of Texas Zachary L. Rhines Special Counsel Brent Webster State Bar No. 24116957 First Assistant Attorney General Zachary.Rhines@oag.texas.gov Ralph Molina Kyle S. Tebo Deputy First Assistant Attorney General Special Counsel State Bar No. 24137691 Ryan D. Walters Kyle.Tebo@oag.texas.gov Deputy Attorney General for Legal Strategy Office of the Attorney Gen- eral Ryan G. Kercher P.O. Box 12548 (MC 059) Chief, Special Litigation Division Austin, Texas 78711-2548 Tel.: (512) 936-1700 Fax: (512) 474-2697 COUNSEL FOR THE STATE OF TEXAS
C ERTIFICATE OF C ONFERENCE I certify that on July 3, 2025, I notified counsel for Defendant-Appellees that this motion to dismiss would be filed upon entry of an agreed temporary injunction order. On July 11, 2025, counsel expressly indicated that Defendant-Appellees are unopposed.
/s/ Zachary L. Rhines Z ACHARY L. R HINES Special Counsel
3 C ERTIFICATE OF S ERVICE I hereby certify that on July 11, 2025, a true and correct copy of the foregoing document was served via the Court’s electronic filing system to all counsel of record
/s/ Zachary L. Rhines Z ACHARY L. R HINES Special Counsel
4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Bonnie Freymuth on behalf of Zachary Rhines Bar No. 24116957 bonnie.freymuth@oag.texas.gov Envelope ID: 103046157 Filing Code Description: Motion Filing Description: Unopposed Motion to Dismiss Status as of 7/11/2025 4:00 PM CST
Associated Case Party: City of Dallas
Name BarNumber Email TimestampSubmitted Status
Stacy Rodriguez 11016750 stacy.rodriguez@dallascityhall.com 7/11/2025 3:49:44 PM SENT
Nicholas Palmer 24067814 nicholas.palmer@dallas.gov 7/11/2025 3:49:44 PM SENT
Andrew G.Spaniol andrew.spaniol@dallas.gov 7/11/2025 3:49:44 PM SENT
Elizabeth Chandler elizabeth.chandler@dallas.gov 7/11/2025 3:49:44 PM SENT
Associated Case Party: The State of Texas
Name BarNumber Email TimestampSubmitted Status
Zachary Rhines zachary.rhines@oag.texas.gov 7/11/2025 3:49:44 PM SENT
Kyle Tebo Kyle.Tebo@oag.texas.gov 7/11/2025 3:49:44 PM SENT
Bonnie Freymuth bonnie.freymuth@oag.texas.gov 7/11/2025 3:49:44 PM SENT
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The State of Texas v. City of Dallas; Eric Johnson, Mayor of Dallas; Tennell Atkins, Mayor Pro Tem of Dallas; Chad West, Jesse Moreno, Zarin D. Gracey, Carolyn King Arnold, Jaime Resendez, Omar Narvaez, Adam Bazaldua, Paula Blackmon, Kathy Stewart, Jaynie Schultz, Cara Mendelsohn, Gay Donnell Willis, and Paul E. Ridley, Members of the City Council of Dallas; Kimberly Bizol Tolbert, Interim City Manager of Dallas; And Michael T. Igo, Interim Chief of Police of Dallas; In Their Official Capacities (The State of Texas v. City of Dallas; Eric Johnson, Mayor of Dallas; Tennell Atkins, Mayor Pro Tem of Dallas; Chad West, Jesse Moreno, Zarin D. Gracey, Carolyn King Arnold, Jaime Resendez, Omar Narvaez, Adam Bazaldua, Paula Blackmon, Kathy Stewart, Jaynie Schultz, Cara Mendelsohn, Gay Donnell Willis, and Paul E. Ridley, Members of the City Council of Dallas; Kimberly Bizol Tolbert, Interim City Manager of Dallas; And Michael T. Igo, Interim Chief of Police of Dallas; In Their Official Capacities) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.