Opinion
03-22-00637-CV
10-25-2022
Officials Acting in Their Official Capacities for the City of Austin Development Services Department: Denise Lucas, in her Official Capacity as Director; Rick Holloway, in his Official Capacity as Assistant Director; David Chapman, in his Official Capacity as Development Services Division Manager; Mario Garcia, in his Official Capacity as Environmental Compliance Supervisor; Brian Eagan, in his Official Capacity as Environmental Compliance Specialist Senior; and Robert Jason Crouch, in his Official Capacity as Environmental Compliance Specialist Senior, Appellants v. Austin Nightlife, LLC d/b/a Summit Lounge, Appellee
FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-21-006221, THE HONORABLE AMY CLARK MEACHUM, JUDGE PRESIDING
Before Justices Goodwin, Baker, and Kelly Justice Goodwin dissents in part without opinion.
Justice Goodwin joins the portion of the Court's order requesting a response, but dissents to that portion of the order granting temporary relief pending appellants' response.
ORDER
PER CURIAM
Appellants filed this interlocutory appeal challenging the trial court's denial of their plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code § 51.014(a)(8). Appellee Austin Nightlife, LLC has now filed an emergency motion for Rule 29.3 temporary relief. See Tex. R. App. P. 29.3 ("[T]he appellate court may make any temporary orders necessary to preserve the parties' rights until disposition of the appeal . . . ."). To preserve the status quo of the appeal while the Court considers the motion for temporary relief, pending further order of this Court, we temporarily enjoin the appellants from issuing a decision on appellee's pending sound permit and impact plan. The Court requests that appellants file a response to the motion for temporary relief on or before November 1, 2022. The appellee may file a reply by November 8, 2022.
It is ordered on October 25, 2022.