In Re City of Pearland, Texas Appeal from 149th District Court of Brazoria County (memorandum opinion per curiam)

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Petition for Writ of Mandamus Granted and Memorandum Opinion filed November 27, 2017. In The Fourteenth Court of Appeals NO. 14-17-00921-CV IN RE CITY OF PEARLAND, TEXAS, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 149th District Court Brazoria County, Texas Trial Court Cause No. 94272-CV MEMORANDUM OPINION On November 22, 2017, relator City of Pearland, Texas filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Terri Holder, presiding judge of the 149th District Court of Brazoria County, to vacate her November 21, 2017 Temporary Restraining Order (TRO) which enjoins the City of Pearland from taking any action to proceed with annexation proceedings until the court makes a determination of whether the City’s actions regarding the annexation of parcel “L” are in accordance with the Texas Open Meetings Act. The TRO requires the City of Pearland to comply from the date of the order to the 14th day after entry of the order. To obtain mandamus relief, a relator generally must show both that the trial court clearly abused its discretion and that relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). We conclude that relator has established that the trial court has clearly abused its discretion by issuing the TRO and that relator has no adequate remedy by appeal. The court may issue a supplemental opinion explaining its reasoning in more detail. We therefore grant the petition for writ of mandamus and direct the trial court to vacate its TRO. To allow the trial court time to vacate the TRO, we STAY the TRO until further order of this court. PER CURIAM Panel consists of Chief Justice Frost and Justices Busby and Wise. 2