Texas Commission on Environmental Quality and Republic Waste Services of Texas, Ltd. v. the City of Aledo and the City of Willow Park ( 2015 )

ACCEPTED
03-13-00113-CV
6042142
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/13/2015 3:22:16 PM
JEFFREY D. KYLE
CLERK
NO. 03-13-00113-CV
TEXAS COMMISSION ON § FILED IN
ENVIRONTMENTAL QUALITY AND § 3rd COURT OF APPEALS
REPUBLIC WASTE SERVICES, LTD. § AUSTIN, TEXAS
IN THE COURT7/13/2015
OF APPEALS
3:22:16 PM
Appellants §
§ JEFFREY D. KYLE
Clerk
FOR THE THIRD JUDICIAL
v. §
§
DISTRICT OF TEXAS
THE CITY OF ALEDO AND THE CITY §
OF WILLOW PARK, §
Appellees §
§
MOTION TO EXTEND
TIME TO FILE MOTION FOR REHEARING
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellee City of Aledo (“Aledo”) files this, its Motion for an Extension of Time
to File a Motion for Rehearing in the above-referenced cause. For support, Aledo
respectfully offers the following:
Aledo’s Motion for Rehearing is currently due July 23, 2015. Aledo requests that
the deadline be extended until September 4, 2015, 43 days from the current deadline.
Counsel for Republic Waste Services of Texas, Ltd. (“Republic”), the Texas
Commission on Environmental Quality (“TCEQ”), and the City of Willow Park are
UNOPPOSED to this request for an extension of time.
REASONS FOR REQUEST
Aledo requests an extension of time to file its Motion for Rehearing because the
City’s management will not be able to consider the court’s opinion, and the attorney
responsible for preparing this Motion, Eric Allmon, will not be able to begin preparations
for or complete the motion within the current deadline of July 23, 2015, despite the
exercise of diligence:
1. At the time of issuance of the opinion, the Mayor of the City of Aledo was on
vacation, lasting until July 13, 2015.
2. The first meeting of the Aledo City Council after issuance of the opinion will be
on July 23, at which time it will consider the Court’s opinion.
3. Mr. Allmon is preparing prefiled testimony in the Matter of the Application for
Creation of Travis County Municipal Utility District No. 22, due July 17, 2015
(State Office of Administrative Hearings Docket No. XXX-XX-XXXX).
4. Mr. Allmon will be on vacation August 7 – 16, 2015.
CONCLUSION AND PRAYER
For the foregoing reasons, Aledo respectfully requests an additional 43 days, up to
and including September 4, 2015, to file its Motion for Rehearing. This is Aledo’s first
request for an extension of time to file this Motion.
Respectfully Submitted,
/s/ Eric Allmon
Eric Allmon
State Bar No. 24031819
FREDERICK, PERALES, ALLMON &
ROCKWELL, P.C.
707 Rio Grande, Suite 200
Austin, Texas 78701
Telephone (512) 469-6000
Facsimile (512) 482-9346
COUNSEL FOR CITY OF ALEDO
CERTIFICATE OF CONFERENCE
By my signature below, I hereby certify that counsel for Aledo conferred with Ms. Nancy
Olinger, counsel for the TCEQ, Mr. Brent Ryan, counsel for Republic, and Ms. Mary
Sahs, counsel for the City of Willow Park. Ms. Olinger, Mr. Ryan, and Ms. Sahs are
UNOPPOSED to this motion.
CERTIFICATE OF SERVICE
By my signature below, I certify that on this 13th day of July, 2015, a copy of the
foregoing document was served upon the parties identified below via facsimile
transmission, electronic mail, hand delivery and/or U.S. Postal Mail.
/s/ Eric Allmon
Eric Allmon
FOR THE TEXAS COMMISSION ON FOR REPUBLIC WASTE SERVICES OF
ENVIRONMENTAL QUALITY: TEXAS:
Nancy Olinger Mr. Brent Ryan
Office of the Attorney General Mr. Paul R. Tough
Envtl. Prot. & Admin. Law Div. McElroy, Sullivan, Miller,
P.O. Box 12548 (MC-018) Weber & Olmstead, L.L.P.
Austin, TX 78711-2548 P.O. Box 12127
Telephone (512) 463-2012 Austin, TX 78711
Facsimile (512) 320-0911 Telephone (512) 327-8111
Nancy.Olinger@texasattorneygeneral.gov Facsimile (512) 327-6566
bryan@msmtx.com
FOR THE CITY OF WILLOW PARK: ptough@msmtx.com
Mary K. Sahs
Sahs & Associates, P.C.
609 Thrasher Ln.
Austin, TX 78741
Telephone (512) 326-2556
Facsimile (512) 326-2606
marysahs@sahslaw.onmicrosoft.com