Metropolitan Theatre, LLC v. Yes Prep Public Schools, Inc. ( 2015 )

ACCEPTED
01-15-00480-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/2/2015 11:37:05 AM
CHRISTOPHER PRINE
CLERK
No. 01-15-00480-CV
FILED IN
In The Court Of Appeals For The First District Of1st
Texas
COURT OF APPEALS
Houston, Texas HOUSTON, TEXAS
7/2/2015 11:37:05 AM
CHRISTOPHER A. PRINE
Metropolitan Theatre, LLC, Clerk
Appellant,
v.
Joseph Dow and YES Prep Public Schools, Inc.,
Appellees.
On Accelerated Appeal From The 334th District Court Of
Harris County, Texas, Cause No. 2015-24030
APPELLEE YES PREP PUBLIC SCHOOLS, INC.’S
OBJECTION TO REFERRAL TO MEDIATION
J. Wiley George
State Bar No. 07805445
wileygeorge@andrewskurth.com
Katie Ahlrich
State Bar No. 24063686
katieahlrich@andrewskurth.com
Cameron Pope
State Bar No. 24032958
cameronpope@andrewskurth.com
600 Travis Street, Suite 4200
Houston, Texas 77002
713.220.4200 (Telephone)
713.220.4285 (Fax)
Attorneys for Appellee
YES Prep Public Schools, Inc.
HOU:3570186.1
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellee YES Prep Public Schools, Inc. (“YES Prep”) files this
Objection to Referral to Mediation in accordance with Tex. Civ. Prac.
& Rem. Code Ann. § 154.022(b) (West 2012), and in support of this
objection shows as follows:
1. YES Prep is an open-enrollment charter school, and as
such is a governmental unit under the Texas Tort Claims Act. This
accelerated interlocutory appeal concerns a property that YES Prep
purchased in August 2014, and on which YES Prep is building a
public school, offices, and a teacher training center. The public school
is scheduled to open in August 2015, and, when fully built out, will
serve more than 2,000 students from low-income communities.
2. Appellant filed suit against YES Prep and the party from
whom YES Prep purchased the property, claiming rights in the
property and seeking damages and specific performance to remove
YES Prep from the property. The trial court granted YES Prep’s plea
to the jurisdiction.
3. The issues on appeal are purely legal ones, and the parties
have not done any discovery.
4. Given this background, the parties’ issues are highly
unlikely to be resolved by mediation. YES Prep therefore objects to
mediation.
HOU:3570186.1
Respectfully submitted,
ANDREWS KURTH LLP
By: s/ Cameron Pope
J. Wiley George
State Bar No. 07805445
wileygeorge@andrewskurth.com
Katie Ahlrich
State Bar No. 24063686
katieahlrich@andrewskurth.com
Cameron Pope
State Bar No. 24032958
cameronpope@andrewskurth.com
600 Travis Street, Suite 4200
Houston, Texas 77002
713.220.4200
713.220.4285 (fax)
Attorneys for Appellee YES Prep Public
Schools, Inc.
HOU:3570186.1
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing
document was served on all counsel of record via Electronic Service
on July 2, 2015.
Benjamin L. Hall, III
William L. VanFleet
Kimberly R. Bennett
530 Lovett Boulevard
Houston, Texas 77006
Counsel for Appellant
C. Henry Kollenberg
Crain, Caton & James, P.C.
Five Houston Center, 17th Floor
1401 McKinney Street, Suite 1700
Houston, Texas 77010
Counsel for Joseph Dow
s/ Cameron Pope
Cameron Pope
HOU:3570186.1