2020 Long Tail Trail Investments, LLC v. State of Texas, Attorney General Kenneth Paxton (In His Official Capacity), Acting Texas Comptroller of Public Accounts Kelly Hancock (In His Official Capacity), and the Office of the Texas Comptroller of Public Accounts

ACCEPTED
15-25-00086-Cv
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
12/1/2025 10:54 AM
No. 15-25-00086-CV CHRISTOPHER A. PRINE
CLERK
IN THE COURT OF APPEALS FILED IN
FOR THE FIFTEENTH DISTRICT OF TEXAS 15th COURT OF APPEALS
AUSTIN, TEXAS
AT AUSTIN, TEXAS 12/1/2025 10:54:14 AM
_________________________________________________________________
CHRISTOPHER A. PRINE
Clerk
CITY OF GRAND PRAIRIE, CITY OF ALEDO, CITY OF ANGLETON, CITY OF
AUBREY, CITY OF BULVERDE, CITY OF CLYDE, CITY OF COLLEGE STATION,
CITY OF CRANDALL, CITY OF DENISON, CITY OF DENTON, CITY OF EDCOUCH,
CITY OF ELSA, CITY OF FATE, CITY OF HUTTO, CITY OF KAUFMAN, CITY OF LA
VILLA, CITY OF LOCKHART, CITY OF MCKINNEY, CITY OF NAVASOTA, CITY OF
PARKER, CITY OF VAN ALSTYLE, AND AUBREY MUNICIPAL DEVELOPMENT
DISTRICT
Appellants – Plaintiffs

CITY OF BROWNSVILLE, CITY OF CIBOLO, CITY OF ANNA, AND CITY OF BONHAM
Appellants – Intervenor Plaintiffs

2020 LONG TAIL TRAIL INVESTMENTS, LLC
Appellants – Intervenor Defendant

v.

THE STATE OF TEXAS, ATTORNEY GENERAL KENNETH PAXTON, IN HIS
OFFICIAL CAPACITY, ACTING TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
KELLY HANCOCK, IN HIS OFFICIAL CAPACITY, AND THE OFFICE OF THE TEXAS
COMPTROLLER OF PUBLIC ACCOUNTS
Appellees – Defendants

__________________________________________________________________

APPELLANTS - PLAINTIFFS FIRST UNOPPOSED MOTION
FOR EXTENSION OF TIME TO FILE REPLY BRIEF
__________________________________________________________________

Pursuant to Rule 10.5(b) of the Texas Rules of Appellate Procedure,

Appellants – Plaintiffs, Cities of Grand Prairie, Aledo, Angleton, Aubrey,

Brownsville, Bulverde, Cibolo, Clyde, College Station, Crandall, Denison, Denton,
APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF Page 1
Edcouch, Elsa, Fate, Hutto, Kaufman, La Villa, Lockhart, McKinney, Navasota,

Parker, and Van Alstyne and Aubrey Municipal Development District (collectively,

the “Cities”) respectully requests a twenty (20) day extension of time to file

Appellants’ Reply brief.

1. The Cities filed a notice of appeal on May 6, 2025.

2. The Cities’ principal brief was filed on August 15, 2025.

3. Appellee’s response brief was due Monday, September 15, 2025 and

requested a 30-day extension until October 15, 2025 which was granted.

4. Appellee’s then filed a second unopposed motion for extension of time

for an additional 16 days extending their response brief until October 31, 2025.

5. Appellee’s then filed a third unopposed motion for extension of time

for an additional 14 days extending their brief until November 14, 2025.

6. Cities current deadline to file their reply brief is December 4, 2025.

7. Cities seek an additional twenty (20) days to file their reply brief.

Counsel for the Cities requires additional time due to the complexity of the issues

and the time needed to research and brief these issues. Additionally, Cities counsel,

Timothy Allen Dunn, recently and unexpectedly passed away on October 30, 2025.

8. Mr. Dunn had primary responsibility for preparing the brief in this

matter. As a result of his unexpected passing, additional time is needed for

remaining counsel to review the file, reassign responsibilities, and complete the

preparation of the brief.

APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF Page 2
9. Additionally, counsel for the Cities is currently assisting in the

preparation of a Motion for Summary Judgment in a case styled 15508 Impact Way,

LLC v. Pflugerville Community Development Corporation and City of Pflugerville, case

number 1:24-cv-00914 in the United States District Court for the Western District

of Texas, Austin Division and is preparing an Appellee’s Brief in a case styled

Verdego Materials, LLC and Clayton Wittwer v. City of Combine, Case No. 05-25-

00912-CV in the Fifth Court of Appeals, Dallas, Texas.

10. The Court has the authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file a brief.

11. Appellees are unopposed to the relief requested herein.

12. No extension has previously been requested or granted to extend the

time to file the Cities’ reply brief.

WHEREFORE, Appellants – Plaintiffs, Cities of Grand Prairie, Aledo,

Angleton, Aubrey, Brownsville, Bulverde, Cibolo, Clyde, College Station,

Crandall, Denison, Denton, Edcouch, Elsa, Fate, Hutto, Kaufman, La Villa,

Lockhart, McKinney, Navasota, Parker, and Van Alstyne and Aubrey Municipal

Development District pray that the Court grant this motion and extend the time

to file Appellants – Plaintiffs’ brief for twenty (20) days, or by December 24, 2025.

APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF Page 3
Respectfully submitted,

/s/Wm. Andrew Messer
BRADFORD E. BULLOCK
STATE BAR NO. 00793423
brad@txmunicipallaw.com
ARTURO D. RODRIGUEZ, JR.
State Bar No. 00791550
art@txmunicipallaw.com
MESSER FORT, PLLC
4201 W. PARMER LN, STE. C-150
AUSTIN, TEXAS 78727
512.930.1317 – TELEPHONE
972.668.6414 – FACSIMILE

AND

WM. ANDREW MESSER
STATE BAR NO. 13472230
andy@txmunicipallaw.com
MESSER, FORT, PLLC
6371 PRESTON ROAD, SUITE 200
FRISCO, TEXAS 75034-
972.668.6400 - TELEPHONE
972.668.6414 – FACSIMILE

ATTORNEYS FOR APPELLANTS-
PLAINTIFFS

CERTIFICATE OF CONFERENCE

On November 26, 2025 counsel for the Cities conferred with counsel for
Appellees - Defendants who indicated that they are unopposed to the motion.

/s/Wm. Andrew Messer
WM ANDREW MESSER

APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF Page 4
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing instrument
has been sent via electronic service to all attorneys of record, in compliance with
Rule 6.3 of the TEXAS RULES OF APPELLATE PROCEDURE, on December 1, 2025.

/s/Wm. Andrew Messer
WM. ANDREW MESSER

APPELLANTS – PLAINTIFFS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF Page 5
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.

Sherry Brown on behalf of Wm. Andrew Messer
Bar No. 13472230
sherry@txmunicipallaw.com
Envelope ID: 108550512
Filing Code Description: Motion
Filing Description: Appellants-Plaintiffs 1st Unopp Motion for Extension of
Time to File Reply Brief
Status as of 12/1/2025 11:40 AM CST

Associated Case Party: Attorney General Kenneth Paxton (in his Official Capacity

Name BarNumber Email TimestampSubmitted Status

Jennifer Holt jennifer.holt@oag.texas.gov 12/1/2025 10:54:14 AM SENT

Cole Wilson Cole.Wilson@oag.texas.gov 12/1/2025 10:54:14 AM SENT

Tristan AGarza tristan.garza@oag.texas.gov 12/1/2025 10:54:14 AM SENT

Lynn Saarinen lynn.saarinen@oag.texas.gov 12/1/2025 10:54:14 AM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Allison Collins 24127467 Acollins@fosterswift.com 12/1/2025 10:54:14 AM SENT

Sherry Brown sherry@txmunicipallaw.com 12/1/2025 10:54:14 AM SENT

Andy Messer andy@txmunicipallaw.com 12/1/2025 10:54:14 AM SENT

Brad Bullock brad@txmunicipallaw.com 12/1/2025 10:54:14 AM SENT

Todd Disher todd@lehotskykeller.com 12/1/2025 10:54:14 AM SENT

William Thompson will@lkcfirm.com 12/1/2025 10:54:14 AM SENT

Cole Wilson cole.wilson@oag.texas.gov 12/1/2025 10:54:14 AM SENT

Guillermo Trevino will.trevino@brownsvilletx.gov 12/1/2025 10:54:14 AM SENT

Lena Chaisson-Munoz lena.munoz@brownsvilletx.gov 12/1/2025 10:54:14 AM SENT

George Hyde ghyde@txlocalgovlaw.com 12/1/2025 10:54:14 AM SENT

Matthew Weston mweston@txlocalgovlaw.com 12/1/2025 10:54:14 AM SENT

David Overcash david.overcash@wtmlaw.net 12/1/2025 10:54:14 AM SENT

Clark McCoy cmccoy@wtmlaw.net 12/1/2025 10:54:14 AM SENT

Associated Case Party: City of Brownsville, Texas
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.

Sherry Brown on behalf of Wm. Andrew Messer
Bar No. 13472230
sherry@txmunicipallaw.com
Envelope ID: 108550512
Filing Code Description: Motion
Filing Description: Appellants-Plaintiffs 1st Unopp Motion for Extension of
Time to File Reply Brief
Status as of 12/1/2025 11:40 AM CST

Associated Case Party: City of Brownsville, Texas

Name BarNumber Email TimestampSubmitted Status

Lena Chaisson-Munoz lena.munoz@brownsvilletx.gov 12/1/2025 10:54:14 AM SENT

Will S.Trevino will.trevino@brownsvilletx.gov 12/1/2025 10:54:14 AM SENT