U.S. Sand & Gravel LLC, Raitz Enterprises, Inc., and Raitz Investment Group LLC v. Texas Department of Transportation

CourtCourt of Appeals of Texas
DecidedMay 23, 2025
Docket15-25-00091-CV
StatusPublished

This text of U.S. Sand & Gravel LLC, Raitz Enterprises, Inc., and Raitz Investment Group LLC v. Texas Department of Transportation (U.S. Sand & Gravel LLC, Raitz Enterprises, Inc., and Raitz Investment Group LLC v. Texas Department of Transportation) 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.

Bluebook
U.S. Sand & Gravel LLC, Raitz Enterprises, Inc., and Raitz Investment Group LLC v. Texas Department of Transportation, (Tex. Ct. App. 2025).

Opinion

ACCEPTED 15-25-00091-CV Appellate Docket Number: 15-25-00091-CV FIFTEENTH COURT OF APPEALS Appellate Case Style: U.S. Sand & Gravel LLC, et al. AUSTIN, TEXAS Vs. Texas Department of Transportation 5/23/2025 12:01 PM Companion CHRISTOPHER A. PRINE Case(s): CLERK Amended/Corrected Statement FILED IN 15th COURT OF APPEALS DOCKETING STATEMENT (Civil) AUSTIN, TEXAS Appellate Court: 15th Court of Appeals 5/23/2025 12:01:10 PM (to be filed in the court of appeals upon perfection of appeal under TRAP 32) A. PRINE CHRISTOPHER Clerk NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9.4, please include party’s name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided.

I. Appellant II. Appellant Attorney(s) - Continued Person Organization Lead Attorney Select Name: U.S. Sand & Gravel LLC Name: Pro Se Bar No. If Pro Se Party, enter the following information: Firm/Agency: Address: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax: II. Appellant Attorney(s) Email: Lead Attorney Select Lead Attorney Select Name: William L. Mennucci Name: Bar No. 00788042 Bar No. Firm/Agency: Thompson Coe Cousins & Irons, LLP Firm/Agency: Address 1: 2801 Via Fortuna Address 1: Address 2: Suite 300 Address 2: City/State/Zip: Austin, Texas 78746 City/State/Zip: Tel. (512) 708-8200 Ext. 5085 Fax: (512) 708-8777 Tel. Ext. Fax: Email: bmennucci@thompsoncoe.com Email: Lead Attorney Select Lead Attorney Select Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

Page 1 of 11 III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Lead Attorney Select Name: Texas Department of Transportation Name: Pro Se Bar No. If Pro Se Party, enter the following information: Firm/Agency: Address: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax: Email: IV. Appellee Attorney(s) Lead Attorney Select Lead Attorney Select

Name: Brent M. Coffee Name: Bar No. 24076319 Bar No. Firm/Agency: Texas Department of Transportation Firm/Agency: Address 1: P.O. Box 12548 Address 1: Address 2: Address 2: City/State/Zip: Austin, Texas 78711-2548 City/State/Zip: Tel. (512) 975-5597 Ext. Fax: Tel. Ext. Fax: Email: brent.coffee@oag.texas.gov Email:

Lead Attorney Select Lead Attorney Select

Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

Page 2 of 11 V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Injunction Date Order or Judgment signed: 02/12/2025 Type of Judgment: Bench Trial Date Notice of Appeal filed in Trial Court: 05/15/2025 If mailed to the Trial Court clerk, also give the date mailed: Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated Appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP 28.4): Yes No Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): Yes No If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule? Yes No If yes, please specify statutory or other basis for such status:

Does this case involve an amount under $100,000? Yes No Judgment or Order disposes of all parties and issues? Yes No Appeal from final judgment? Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No If yes, you must also complete and file the Challenge to Constitutionality of a State Statute form. If yes, is the Attorney General of Texas a party to the case? Yes No

VI. Actions Extending Time to Perfect Appeal Motion for New Trial: Yes No If yes, date filed: 03/31/2025 Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed: 03/31/2025 Other: Yes No If Other, please specify:

Page 3 of 11 VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? Yes No If yes, date filed: Was there any hearing on appellant’s ability to afford court costs? Yes No Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? Yes No

Date of Order: If yes, trial court finding: Challenge Sustained Overruled VIII. Bankruptcy Has any party to the court’s judgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court and Record Court: 459th Judicial District Court Clerk’s Record County: Travis Trial Court Clerk: District County Trial Court Docket No. (Cause No.): Was Clerk’s record requested? Yes No D-1-GN-24-004334 If yes, date requested: Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: Name: Maya Guerra Gamble Were payment arrangements made with clerk? Address 1: 1700 Guadalupe St. Yes No Indigent Address 2: (Note: No request required under TRAP 34.5(a),(b).) City/State/Zip: Austin, Texas 78701 Tel. (512) 854-9384 Ext. Fax: Email: 459.Submission@traviscountytx.gov

Page 4 of 11 IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes No Was Reporter’s Record requested? Yes No If yes, date requested: If no, date it will be requested: Was the Reporter’s Record electronically recorded? Yes No Were payment arrangements made with the court reporter/court recorder? Yes No Indigent

Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

X. Supersedeas Bond Supersedeas bond filed? Yes No If yes, date filed: If no, will file? Yes No

XI. Extraordinary Relief Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? Yes No If yes, briefly state the basis for your request:

Page 5 of 11 XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.) Should this appeal be referred to mediation? Yes No If no, please specify: Has this case been through an ADR procedure? Yes No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? Pre-Trial Post-Trial Other If other, please specify: Type of Case? Injunction Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief): Lack of subject matter jurisdiction; improper venue; inadequate service of process for a default judgment

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U.S. Sand & Gravel LLC, Raitz Enterprises, Inc., and Raitz Investment Group LLC v. Texas Department of Transportation, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-sand-gravel-llc-raitz-enterprises-inc-and-raitz-investment-group-texapp-2025.