Four grants for future argument (likely in the fall); rehearing granted in the Houston takings case between home owners and a flood-control district [Feb. 19, 2016]

This Friday’s orders list brings four more cases chosen for oral argument. It also brings a rare grant of rehearing in an argued case that was decided last June: Harris County Flood Control District and Harris County, Texas v. Edward A. and Norma Kerr, et al., No. 13-0303

The Court has not specified an argument date for the new grants. Most likely, they will be heard in the fall.

Rehearing Grant

In June, the Court decided Harris County Flood Control District and Harris County, Texas v. Edward A. and Norma Kerr, et al., No. 13-0303 . The vote was split 5-4, with two separate dissenting opinions. A motion for rehearing was filed, and fifteen amicus filings followed shortly thereafter, urging the Court to reconsider.

Today, the Court has granted the motion for rehearing but has not (yet) withdrawn its opinions and has not (yet) set the case for re-argument, if that is its intention. Instead, the case remains on the active docket, awaiting a more final disposition.

The timing of today’s order was driven by the timing of the motion for rehearing. It was filed on August 28th — 175 days before this orders list. Had the Court waited until next week to take action, the 180-day clock for rehearing motions set by the Texas Constitution would have expired.