CAUSE NO. 

NELSON LINDER, SUSANA

ALMANZA, JANE RIVERA PH.D.,

GILBERT RIVERA, MICHAEL

HEBERT, JEFF JACK, MARY

INGLE, D. LAUREN ROSS, PH.D.
Realtors,

V.

THE CITY OF AUSTIN, THE CITY
COUNCIL OF AUSTIN, THE
HONORABLE MAYOR STEVE
ADLER, IN HIS OFFICIAL
CAPACITY, THE HONORABLE
AUSTIN CITY COUNCIL
MEMBERS HOUSTON, GARZA,
RENTERIA, CASAR, KITCHEN,
FLANNIGAN, POOL, TROXCLAIR,
POOL, TOVO, AND ALTER,
INDIVIDUALLY IN THEIR
OFFICIAL CAPACITIES, AND THE
HONORABLE AUSTIN CITY
MANAGER, SPENCER CRONK, IN
HIS OFFICIAL CAPACITY,
Respondents.



IN THE DISTRICT COURT

Filed in The District Court
of Travis County, Texas

JUL ?5201
At 3135? -M

Velva L. Price, DistrictcTe'rk'

201st JUDICIAL DISTRICT

TRAVIS COUNTY, TEXAS

ORDER GRANTING WRIT OF MANDAMUS

On the 2nd day of July 2018, the Court heard Realtor?s Petition for Writ of Mandamus.

The Court, having considered the petition, the brie?ng, evidence, and argument of counsel,

concludes that the Petition should be GRANTED and the writ of mandamus should be

conditionally granted.

After review, the Court ?nds that Respondents? challenges to the proposed initiative are

not ripe before this Court. Neither the proposed initiative nor the underlying land development

code has been passed as ordinances. The proposed initiative is procedural in nature affecting

or subsequent comprehensive revisions of the land development laws. To reach a

Linder v. City of Austin

ORDER GRANTING WRIT OF MANDAMUS

Page 1 of 2

decision on Respondents? challenges would require an advisory opinion based on the current
draft of Courts are not permitted to make advisory opinions. Because Respondents?
challenges are not ripe and would require the Court to render an advisory opinion, Respondents
have a ministerial duty to place the proposed initiative on the ballot for the November 6, 2018
election.

Additionally, the Court is not permitted to make any judgment at this time on the
substantive validity of the proposed initiative or its language. Therefore, the Court makes no
such judgment at this time, and this Order should not be construed to ?nd the proposed initiative
either valid or invalid.

IT IS THEREFORE ORDERED that Realtor?s Petition for Writ of Mandamus is
GRANTED.

IT IS FURTHER ORDERED that a writ of mandamus is conditionally granted
requiring Respondents to timely take all steps to place the proposed initiative on the ballot for the
November 6, 2018 election. Should Respondents not timely take the steps to place the initiative

on the ballot for the November 6, 2018 election, the writ shall issue to that effect.

awe

HONORAB LE ORLINDA NARANJO

SIGNED this day of July, 2018.

 

Linder v. City of Austin Page 2 of 2
ORDER GRANTING WRIT OF MANDAMUS