No. 01-16-00073-CR 

No. 01-16-00074-CR 

In The 

First Court of Appeals 

In re The City of Meadows Place, Texas § 

and Gary Stewart, Chief of Police § 

 § 

Relators. § 

Unopposed Motion to Dismiss Original Proceeding as Moot 

To The Honorable First Court of Appeals: 

Relators The City of Meadows Place, Texas and Gary Stewart, Chief of Police 

move to dismiss these original proceedings for writ of mandamus and writ of 

prohibition because the order under review has become moot. 

1. These original proceedings arise from an order issued by Respondent Hon. 

Ruben Guerrero, Presiding Judge of the 174th Criminal District Court in Harris 

County, Texas. R. 15. The subject order directed the City of Meadows Place, 

Texas, and Gary Stewart, Chief of Police, to register an individual as a sex offender 

within the jurisdiction of The City of Meadows Place, Texas, but at a place that is 

in violation of the City’s ordinance regulating registration of sex offenders. The 

contested order was entered on January 14, 2016. 

ACCEPTED

N/A

FIRST COURT OF APPEALS

HOUSTON, TEXAS

2/19/2016 6:30:29 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 2/19/2016 6:30:29 AM CHRISTOPHER A. PRINE Clerk
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4846-0833-6686, v. 1

2. On February 15, 2016, Respondent issued a new order that vacates the 

January 14 Order to Register. See Supp. R. 30 and Order attached as Appendix 

Item 1. The Order vacates the conditions granting Real Party in Interest Shane 

West permission to reside in The City of Meadows Place, Texas. The Order also 

vacates any prior findings Respondent may have made as to the City’s ordinance 

regarding registered sex offenders. See id. 

3. In light of Respondent’s February 15 Order, these original proceedings for 

writ of mandamus and prohibition have become moot. Murphy v. Hunt, 455 U.S. 

478, 481 (1982) (explaining a case becomes moot when the issues presented are no 

longer live or the parties lack a legally cognizable interest in the outcome). The 

nature of the subsequent order, under which the Real Party in Interest will not 

reside within the jurisdiction of The City of Meadows Place, Texas, disposes of any 

controversy between the parties to the original proceedings. Accordingly, the 

original proceedings are moot and the Court no longer has jurisdiction. See In re 

Burks, No. 01-02-01053-CV, 2002 WL 31684686, at *1 (Tex. App.—Houston [1st 

Dist.] Nov. 27, 2002, orig. proceeding). 

4. Therefore, Relators The City of Meadows Place, Texas and Gary Stewart, 

Chief of Police move to dismiss these original proceedings. They request that the 

order of dismissal and judgment of this Court reflect that Relators bear his or its 
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4846-0833-6686, v. 1

own taxable costs of court reflected in this Court’s Bill of Costs. Relators request 

other relief consistent with the dismissal. 

 Respectfully submitted, 

Mills Shirley L.L.P. 

By: /s/ George W. Vie III

 George W. Vie III 

State Bar No. 20579310 

2228 Mechanic Street, Suite 400 

Galveston, Texas 77550 

(713) 571-4232 

Fax (713) 893-6095 

gvie@millsshirley.com 

 Attorneys for Relators 
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4846-0833-6686, v. 1

Certificate of Conference 

 As required by Tex. R. App. P. 10.1(a)(5), I certify that I conferred on 

February 17, 2016, with the counsel for Real Parties in Interest about the merits of 

this motion: 

 Quentin Tate Williams 

 Hilder & Associates, P.C. 

 819 Lovett Blvd. 

 Houston, Texas 77006 

Attorneys representing Real Party in Interest Shane West 

 Alan Curry 

 Harris County District Clerk - Criminal 

 1201 Franklin, Ste 3180 

 Houston, TX 77002 

Attorneys representing Real Party in Interest State of Texas 

□ opposes motion 

X do not oppose motion 

□ agrees with motion 

□ would not say whether motion is opposed 

□ was not contacted after hours 

/s/ George W. Vie III 

 George W. Vie III 
-5- 

4846-0833-6686, v. 1

CERTIFICATE OF SERVICE

 As required by Tex. R. App. P. 6.3 and 9.5(b), (d), (e), I certify that I have 

served this document on all other parties – which are listed below – on July 6, 2015, 

as follows: 

 Quentin Tate Williams 

 Hilder & Associates, P.C. 

 819 Lovett Blvd. 

 Houston, Texas 77006 

Attorneys representing Real Party in Interest Shane West 

 Alan Curry 

 Harris County District Clerk - Criminal 

 1201 Franklin, Ste 3180 

 Houston, TX 77002 

Attorneys representing Real Party in Interest State of Texas 

 By: □ personal delivery 

X e-service 

□ commercial delivery service 

□ fax 

/s/ George W. Vie III 

 George W. Vie III 
Appendix Tab 1 
R_030

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STATROF TEXAS 

vs. 

SHANE WES'f 

NO 1374217 

~ 

§ 

§ 

§ 

§ 

ORDER 

Filed 16 February 08 P6:51 

Chris Daniel - District Clerk 

Harris County 

FAX16309565 

TN THF, DTSTRTCT COlTRT 

l 74rn JUDICIAL DISTRICT 

HARRIS COUNTY, TEXAS 

On this <latt: l:amt: to be heard Ddt:ndant Shane West's '·Motion to Set Aside and 

Vacate Previous Orders and Findings and to Amend Conditions of Community 

Supervision" and after considering same, the motion is hereby 

UENIEr> 

And. if granted, the court ORDERS that this Court's January 14, 2016, "Order to 

Rcgiscer Defendant as Sex Offender in City of Meadows Place, Texas·· is hereby 

VACATED and SET ASIDE, including any findings therein. And that any findings, oral 

or \vritten. made on January 22, 2016, about any ordinanl:e of the City of Meadows Place 

are similarly VACATED and SET ASIDE. 

Any specific conditions of community supervision granting Shane West permission 

to reside at 2306 Meadow Berry Drive, Meadows Place or Stafford, Texas, 77477, entered 

at anv time are also VACA TED and SET ASIDE. A 11 other terms and Conditions of 

Community Supervision shall remain in effect until farther Order of this Court. 

IT IS ORDERED 

fC:D f 5 . DATE: iw .2011 2016. 

~)~----~ PRFSTDTNG JCIT1GE. 

174TH CRIMINAL DISTRICT COURT 

4 
R_031

STATE OF TEXAS 

COUNTY OF HARRlS 

!t Chr1a Daniel, Olatrfcl Clor~ ~ Harri& County, Texa•.i certify that 

tnll 11 I lruO end 0011". 'Jl~~ :.r l',G otlvlnel r&CQ(d nled arid Otrecotded 

In my olll~. oleei1011i. ·; - . copy, ss n appears on lhla drlt. 

WllnHa my ortlclsl t11.1rr<i 11r.o aoal of otflce this fEB 1 5 M 

CHRIS DANI 1 DISTRICT CLERK HZ? ~~;;::XAs Deputy