Opinion
No. 06-20-00666-CV No. 05-20-00659-CV
08-20-2020
IN RE KLA INTERNATIONAL SPORTS MANAGEMENT, LLC, Relator CITY OF MCKINNEY, TEXAS, Appellant v. KLA INTERNATIONAL SPORTS MANAGEMENT, LLC, Appellee
Original Proceeding and Appeal from the 471st Judicial District Court Collin County, Texas
Trial Court Cause No. 471-02979-2020
ORDER
Before Justices Myers, Molberg, and Evans
Before the Court are relator's July 10, 2020 "Emergency Petition for Writ of Injunction," real party in interest's July 15, 2020 "Response to Relator's Emergency Petition for Writ of Injunction, and Motion for Reconsideration of Court's Order," relator's reply to the response to the emergency petition for writ of injunction and motion for reconsideration, real party's reply in further support of the motion for reconsideration, and real party's motion for leave to file its sur-reply to relator's reply. In its reply to the response to the emergency petition for writ of injunction, relator abandons its request for a writ of injunction, and instead asks this Court to treat its petition as a motion for relief pending disposition of the appeal in cause number 05-20-00659-CV and to merge it into that appeal.
We GRANT real party's motion for leave to file its sur-reply.
We DENY real party's motion for reconsideration of this Court's July 10, 2020 order.
We GRANT relator's request to treat its emergency petition for writ of injunction as a motion for relief pending disposition of the appeal in cause number 05-20-00659-CV and to merge it into that appeal. We GRANT relator's request for relief to the extent that we STAY all efforts to impair, impede, frustrate, or otherwise block the access of relator and its employees, agents, and contractors in connection with relator's continued use and enjoyment of the soccer fields that are the subject of the underlying proceeding, including the construction and maintenance of soccer fields for such continued use. See TEX. R. APP. P. 29.3; In re Geomet Recycling, LLC, 578 S.W.3d 82, 85-91 (Tex. 2019) (orig. proceeding) (recognizing that Rule 29.3 permits the court of appeals to protect a party from irreparable harm pending appeal even when there is an automatic stay of the underlying proceedings, as long as the relief comes directly from the court of appeals). This stay shall remain in effect pending resolution of the appeal in cause number 05-20-00659-CV.
/s/ LANA MYERS
JUSTICE