BRAZOS RIVER AUTHORITY v. CITY OF HOUSTON (2022)

Supreme Court of Texas.

BRAZOS RIVER AUTHORITY and the State of Texas, Petitioners v. CITY OF HOUSTON and Sylvester Turner, in his official capacity as Mayor of the City of Houston

No. 21-0642

Decided: September 02, 2022

Charles Houston III, Tiffany Sue Bingham, Collyn A. Peddie, for Respondent. Jane M. N. Webre, Santosh Aravind, Casey Legate Dobson, Austin, for Petitioner Brazos River Authority. Christopher “Beau” Carter, Houston, Warren Kenneth Paxton, Austin, Natalie D. Thompson, Matthew Bohuslav, Austin, Judd E. Stone II, Brent Webster, Houston, for Petitioner the State of Texas.

ORDERED:

1. Pursuant to Texas Rule of Appellate Procedure 56.3, after granting the petition for review and without hearing oral argument or considering the merits, the Court vacates the court of appeals’ judgment and dismisses the case as moot.

2. Because the State was not a party to the settlement and the issues presented may be of consequence in other contexts, the Court vacates the court of appeals’ opinion. See Morath v. Lewis, 601 S.W.3d 785, 792 (Tex. 2020).

Done at the City of Austin, this Friday, September 2, 2021.

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