In Re City of Kemah v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledAugust 14, 2026
Docket01-26-00812-CV
StatusPublished
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Full Opinion
Opinion issued August 14, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-26-00812-CV
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IN RE CITY OF KEMAH, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, the City of Kemah, filed a petition for writ of mandamus challenging
the trial court’s August 3, 2026 temporary restraining order requested by real party
in interest, Matthew D. Wiggins, doing business as Kemah B&B Group.1 The City’s
petition requested that the Court grant the writ of mandamus and direct the trial court
1
The underlying case is Matthew D. Wiggins d/b/a Kemah B&B Group v. City of
Kemah, Cause No. 26-CV-0296, in the 122nd District Court of Galveston County,
Texas, the Honorable Jeth Jones presiding.
to vacate the August 3, 2026 temporary restraining order and to further “refrain from
entertaining any further proceedings” in the underlying trial court cause pending the
City’s interlocutory appeal from the trial court’s order denying the City’s plea to the
jurisdiction.
In connection with its petition for writ of mandamus, the City also filed a
“Motion for Additional Temporary Relief,” requesting that the Court stay all
underlying trial court proceedings pending disposition of the petition for writ of
mandamus.
We conclude that the City has failed to establish it is entitled to mandamus
relief, and therefore, the Court denies the City’s petition for writ of mandamus. See
TEX. R. APP. P. 52.7(a)(1). We dismiss any pending motions, including the “Motion
for Additional Temporary Relief,” as moot.
PER CURIAM
Panel consists of Justices Guerra, Gunn, and Morgan.
2