STATE of Texas, Pizza Properties, Inc., M&S Group, Inc., d/b/a Wing Daddy's, Run Bull Run, LLC d/b/a Toro Burger Bar, Charcoaler, LLC, Triple A Restaurants, Inc., CC Restaurant LP, FD Montana LLC, WT Chophouse, LLC, Verlander Enterprises, LLC, and Bakery Ventures I, Ltd., Appellants,
v.
EL PASO COUNTY, Texas and Ricardo A. Samaniego, in His Official Capacity as County Judge, El Paso County, Texas, Appellants.
Court of Appeals of Texas, El Paso.https://leagle.com/images/logo.png
November 13, 2020.
November 13, 2020.
Attorney(s) appearing for the Case
ATTORNEYS FOR APPELLANTS: Matthew Bohuslav , Office of the Attorney General, Assistant Attorney General, P.O. Box 12548, Capitol Station, Austin, TX 78711-2548, Mark N. Osborn , Shelly W. Rivas , Kemp Smith LLP, 221 N. Kansas, Ste. 1700, El Paso, TX 79901.
ATTORNEY FOR APPELLEE: Kevin McCary , Assistant County Attorney, 500 E. San Antonio, Rm. 503, El Paso, TX 79901.
ATTORNEYS FOR AMICI CURIAE: Anne L. Morgan , City Attorney, PO Box. 1546, Austin, TX 78701-1546, Cynthia Wilson Veidt , Travis County Attorney's Office, PO Box 1748, Austin, TX 78767-1748, Seth Barrett Hopkins , Assistant County Attorney, 1019 Congress Plaza, 15th Floor, Houston, TX 77002, Justin Pfeiffer , Assistant County Attorney, 401 Jackson St, 3rd Floor, Richmond, TX 77469, Nicole J. Daro , Legal Director, National Nurses United, 155 Grand Avenue, Oakland, CA 94612.
Before Alley, C.J., Rodriguez, and Palafox, JJ.
CORRECTED OPINION
JEFF ALLEY, Chief Justice.
On March 13, 2020, Texas Governor Greg Abbott issued a proclamation under the Texas Disaster Act of 1975 (the Disaster Act)1 certifying that "COVID-19 poses an imminent threat of disaster" in all 254 Texas counties; he has renewed that declaration...
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