Robert Edward Battaile v. Texas Elections Division, Hon. Jane Nelson; Texas Secretary of State; Jeffrey Travillion, Travis County Commissioner

ACCEPTED
15-25-00142-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
NO. 15-25-00142-CV 11/10/2025 12:00 AM
CHRISTOPHER A. PRINE
IN THE FIFTEENTH COURT OF APPEALS CLERK
FILED IN
15th COURT OF APPEALS
AUSTIN, TEXAS AUSTIN, TEXAS
11/8/2025 3:12:00 PM
CHRISTOPHER A. PRINE
Clerk

Robert Edward Battaile, Appellant/Relator/Plaintiff Pro Se

v.

Texas Elections Division, Hon. Jane Nelson; Texas Secretary of State; Jeffrey

Travillion, Travis County Commissioner; Appellees/Respondents/Defendants

On Appeal and Related Original Proceeding

from Cause No. D-1-GN-25-000719,

Travis County, Texas

SUPPLEMENTAL NOTICE OF CONTINUING IRREPARABLE HARM,

ILLEGAL QUORUM, AND DESTRUCTION OF HISTORIC DISTRICT

PROPERTIES ON BOYCE STREET, MANOR TEXAS

TO THE HONORABLE JUDGES OF THE FIFTEENTH COURT OF APPEALS:

Prefatory Statement: Constitutional Vacuum

Every layer of government entrusted to correct these crimes has been systematically

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dismissed. The City that committed the violations, the County that supervised it, the

State that was notified, and the Courts that promised review — all have disclaimed

jurisdiction. The result is a constitutional vacuum in which unlawful acts continue

unchecked. This Court alone now stands as the last remaining instrument of redress for

the People of the Historic District and for the rule of law itself.

1. Purpose of Filing

Plaintiff submits this Supplemental Notice to update the record concerning continuing

and worsening destruction within the Old Manor Historic District, specifically along

Boyce Street, as shown in Exhibits A–H (attached photographs dated November 8,

2025).

These developments result directly from actions taken under an illegally constituted City

Council quorum, whose authority remains under challenge in Plaintiff’s pending

election-contest claims and Mandamus appeal.

2. Procedural Background

• The January 2025 TROs sought to prevent exactly this type of demolition and grading

within the Historic District.

• At the May 13 2025 hearing, Judge Soifer acknowledged on the record that the

Election Contest Coercion issue would be “fast-tracked,” yet no final ruling was ever

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issued, and thus critical underpinnings of the entire complex cause have been in legal

limbo since November 4th of 2024.

• Meanwhile, the City Council — operating with members whose elections are under

contest — has continued authorizing rezonings and expenditures predicated on a flawed

Comprehensive Plan never proofread or disclosed to the public despite that being a

mandatory term of its RFP. It was not voted on by the residents of Old Manor in a free

and full disclosure election.

The property owner is identified as a buildblock.io – a South Korean real-estate

investment platform controlling over $248 million in U.S. holdings. According to its

own promotional materials, it uses artificial-intelligence algorithms to target and acquire

undervalued parcels. The entity has shown no regard for the historic or cultural character

of Old Manor and has pursued demolition and redevelopment purely for portfolio

expansion and yield optimization.

3. Current Status of Harm

Photographs (Exhibits A–E) show ongoing grading, trenching, and structural removal

on Boyce Street, including parcels identified in Appendix One (Item 26: “Heritage Trees

and 3-story Boxes on Boyce”).

Exhibits F and G document the immediately adjacent neighborhood homes and

streetscapes endangered by this illegal activity, demonstrating the loss of historic context

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and residential integrity.

Exhibit H provides a Lighting Impact illustration showing how new commercial lighting

and elevated structures will visually overpower the remaining residential corridor and

historic sightlines, further confirming the urgency of Court intervention.

Exhibit I shows the city planners distorted vision of the “future” for our Historic

District. Despite pending appellate jurisdiction, the City of Manor and its development

partners are using the 605-page Comprehensive Plan as a cudgel to justify acts that

would be unlawful absent a valid quorum or proper Historic-District review. This

“nightmare vision” was never approved by the residents in a fair and fully-noticed

election. Exhibit J shows the Historic District codified in 2017 and ignored ever since.

4. Legal Argument

• Under Tex. Loc. Gov’t Code § 211.006 and § 253.001, actions that change permitted

uses or alienate public land require a lawful governing body and notice to affected

residents.

• Any authorization or permit issued since November 2024 is void ab initio if approved

by an illegally seated Council, as set forth in the Election-Contest pleadings.

• The continued reliance on a defective Comprehensive Plan — prepared without final

proofreading, citizen hearings, or publication — constitutes ultra vires conduct.

• Each day’s delay in issuing injunctive relief compounds irreparable public harm,

eliminating evidence and heritage assets protected under Tex. Health & Safety Code §

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711.010 (cemetery protection) and the Texas Constitution Article I, § 17.

5. Relief Requested

Plaintiff respectfully asks the Court(s) to:

a) Accept this Notice and attached photographic Exhibits A–H into the record of both

causes.

b) Take judicial notice that the City of Manor continues to act under an illegal quorum.

c) Review all prior Temporary Restraining Order motions pending resolution of the

Mandamus and appeal.

d) Direct the Attorney General or Travis County to conduct an independent investigation

into violations of election law, quorum requirements, and misuse of

Comprehensive-Plan funds.

e) Order immediate suspension of all Boyce Street and adjacent Historic-District

building permits until legality of governance is resolved.

6. Prayer

WHEREFORE, PREMISES CONSIDERED, Plaintiff and Relator Robert Edward

Battaile respectfully prays that this Honorable Court take immediate judicial notice of

the continuing destruction within the Manor Historic District; order appropriate

injunctive and supervisory relief to prevent further harm; and grant all such other and

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further relief—legal or equitable—as justice, equity, and the preservation of Texas

history may require.

7. Unsworn Declaration

I, Robert Edward Battaile, born on August 14, 1950 do declare that I am over the age of

18; and further declare under penalty of perjury that the attached photographs and

illustrations are true and correct and that the foregoing statements are accurate to the

best of my knowledge. Executed Nov. 8, 2025 in Manor, Texas.

/s/ Robert Edward Battaile
Robert Edward Battaile, Pro Se
502 E Eggleston St., Unit B Manor, TX 78653
robert@manortx.us 512-662-2955

Certificate of Compliance

I certify that this document contains 1,697 words, excluding the caption, signature

block, and exhibits, as counted by the word-processing system used to prepare it, in

compliance with Texas Rule of Appellate Procedure 9.4(i)(3).

s/
/ Robert Edward Battaile
Robert Edward Battaile, Pro Se
Date: November 8, 2025

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Exhibit Index

Exhibit A – Boyce North 1 of 3 (IMG 5093)

Exhibit B – Boyce North 2 of 3 (IMG 5094)

Exhibit C – Boyce North 3 of 3 (IMG 5095)

Exhibit D – Boyce South 1 of 2 (IMG 5100)

Exhibit E – Boyce South 2 of 2 (IMG 5099)

Exhibit F – Neighborhood Homes Perspective 1

Exhibit G – Neighborhood Homes Perspective 2, 3

Exhibit H – Lighting Impact Illustration

Exhibit I – Illustration showing “nightmare vision” of Historic Main Street District in

flawed and mis-used Comprehensive Plan
Exhibit J - Historic District of Old Manor

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EXHIBIT A

EXHIBIT B
EXHIBIT C

EXHIBIT D
EXHIBIT E

EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I

EXHIBIT J
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
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Envelope ID: 107834979
Filing Code Description: Other Document
Filing Description: BOYCE STREET DESTRUCTION UPDATE AND
RELATED MATTERS
Status as of 11/10/2025 7:41 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jeffrey Hobbs 24012837 jhobbs@abaustin.com 11/8/2025 3:12:00 PM SENT

Michael Kabat 24050847 mkabat@mcginnislaw.com 11/8/2025 3:12:00 PM SENT

Joanna Salinas 791122 joanna.salinas@fletcherfarley.com 11/8/2025 3:12:00 PM SENT

William Davidson 5447000 bdavidson@chmc-law.com 11/8/2025 3:12:00 PM SENT

Gavin Villareal 24008211 gavin.villareal@bakerbotts.com 11/8/2025 3:12:00 PM SENT

Michael Roberts 24082153 mroberts@jw.com 11/8/2025 3:12:00 PM SENT

Cynthia Veidt 24028092 cynthia.veidt@traviscountytx.gov 11/8/2025 3:12:00 PM SENT

Stephanie Serrano 24092655 sserrano@rothberg.law 11/8/2025 3:12:00 PM SENT

Kevin O'Hanlon 15235500 kohanlon@808west.com 11/8/2025 3:12:00 PM SENT

Patrick Kelly 11228000 pat.kelly@traviscountytx.gov 11/8/2025 3:12:00 PM SENT

Tyler Ryska 24096597 tryska@rigbyslack.com 11/8/2025 3:12:00 PM SENT

Austin Jones 24116579 ajones@mcginnislaw.com 11/8/2025 3:12:00 PM SENT

William Duncan 24124453 wduncan@rigbyslack.com 11/8/2025 3:12:00 PM SENT

Roy Adams roy.adams@oag.texas.gov 11/8/2025 3:12:00 PM SENT

Victoria Gomez victoria.gomez@oag.texas.gov 11/8/2025 3:12:00 PM SENT

Lauren Bush 24142742 lbush@jw.com 11/8/2025 3:12:00 PM SENT

Anna Puff 24144206 gtwnfilings@sneedvine.com 11/8/2025 3:12:00 PM SENT

Edward Smith 24037790 esmith@808west.com 11/8/2025 3:12:00 PM SENT

Robert EdwardBattaile robert@manortx.us 11/8/2025 3:12:00 PM SENT

Annette Bittick abittick@mcginnislaw.com 11/8/2025 3:12:00 PM SENT

Patricia Muniz paralegal@rigbyslack.com 11/8/2025 3:12:00 PM SENT

Raylynn Howell raylynn.howell@bakerbotts.com 11/8/2025 3:12:00 PM SENT
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.

Envelope ID: 107834979
Filing Code Description: Other Document
Filing Description: BOYCE STREET DESTRUCTION UPDATE AND
RELATED MATTERS
Status as of 11/10/2025 7:41 AM CST

Case Contacts

Raylynn Howell raylynn.howell@bakerbotts.com 11/8/2025 3:12:00 PM SENT

Kim McBride kmcbride@mcginnislaw.com 11/8/2025 3:12:00 PM SENT

Lea Ohrstrom lohrstrom@808west.com 11/8/2025 3:12:00 PM SENT

Sneed Vine &Perry gtwnfilings@sneedvine.com 11/8/2025 3:12:00 PM SENT

Stormy Downing sdowning@rrspllc.com 11/8/2025 3:12:00 PM SENT

Andy Soule asoule@rrspllc.com 11/8/2025 3:12:00 PM SENT

Karah Powers kpowers@chmc-law.com 11/8/2025 3:12:00 PM SENT

Martha AnnAdams madams@abaustin.com 11/8/2025 3:12:00 PM SENT

Benjamin C. Hunt ben.hunt@bakerbotts.com 11/8/2025 3:12:00 PM SENT

Eldridge Burns eburns@rrspllc.com 11/8/2025 3:12:00 PM SENT

Amy Botelho abotelho@mcginnislaw.com 11/8/2025 3:12:00 PM SENT

Carol Shipley cshipley@rrspllc.com 11/8/2025 3:12:00 PM SENT

Emily Hill ehill@manortx.gov 11/8/2025 3:12:00 PM SENT

Anne Weir aweir@manortx.gov 11/8/2025 3:12:00 PM SENT

Legal Counsel info@dalfen.com 11/8/2025 3:12:00 PM SENT

W Fusselman wfusselman@txamfoundation.com 11/8/2025 3:12:00 PM SENT