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Creative Chateau, LLC v. the City of Houston

Citation: Not availableDocket: 01-21-00327-CV

Court: Court of Appeals of Texas; August 19, 2021; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case between The Creative Chateau, LLC and the City of Houston, the appellant challenged a trial court's decision that granted summary judgment in favor of the City and imposed a permanent injunction. Following the trial court's denial of the appellant's request to suspend the injunction during the appeal, The Creative Chateau, LLC filed an emergency motion with the Court of Appeals for the First District of Texas at Houston. This motion sought a review of the trial court's denial and requested a suspension of the enforcement of the judgment and injunction. The City of Houston opposed the motion, prompting the appellate court to request a response from the appellee within fourteen days. In the interim, the appellate court, led by Judge Amparo Guerra, temporarily stayed the enforcement of the trial court's judgment and permanent injunction pending further orders, reflecting the ongoing judicial scrutiny over the contested legal and factual issues in the case.

Legal Issues Addressed

Appeal from Summary Judgment

Application: The appellant, The Creative Chateau, LLC, appealed the trial court's grant of summary judgment in favor of the City of Houston.

Reasoning: The appellant, The Creative Chateau, LLC, filed a notice of appeal on June 21, 2021, contesting the trial court's April 19, 2021 order that granted summary judgment to the City of Houston and imposed a permanent injunction.

Emergency Motion for Stay of Enforcement

Application: The appellate court temporarily stayed the enforcement of the trial court's judgment and permanent injunction while considering the emergency motion filed by the appellant.

Reasoning: The appellate court has temporarily stayed the enforcement of the trial court's April 19, 2021 judgment and permanent injunction pending further orders.

Request to Suspend Injunction Pending Appeal

Application: The appellant's request to the trial court to suspend the permanent injunction during the appeal process was denied, prompting further emergency motions at the appellate level.

Reasoning: On July 6, 2021, the appellant sought to suspend the enforcement of the permanent injunction pending the appeal, but the trial court denied this request on August 9, 2021.