U.S. Sand & Gravel LLC, Raitz Enterprises, Inc., and Raitz Investment Group LLC v. Texas Department of Transportation

ACCEPTED
15-25-00091-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
9/16/2025 2:59 PM
NO. 15-25-00091-CV CHRISTOPHER A. PRINE
_____________________________________________________________________ CLERK
FILED IN
IN THE COURT OF APPEALS FOR THE 15th AUSTIN,
COURT OF APPEALS
TEXAS
FIFTEENTH DISTRICT OF TEXAS AT AUSTIN
9/16/2025 2:59:25 PM
_____________________________________________________________________
CHRISTOPHER A. PRINE
Clerk
U.S. SAND AND GRAVEL, LLC, RAITZ ENTERPRISES, INC. AND
RAITZ INVESTMENT GROUP, LLC,
Appellants,

V.

TEXAS DEPARTMENT OF TRANSPORTATION,
Appellee.
_____________________________________________________________________

JOINT MOTION REQUESTING RENDERING OF FINAL JUDGMENT
_____________________________________________________________________

TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Appellants U.S. Sand and Gravel, LLC, Raitz Enterprises, Inc., and Raitz

Investment Group, LLC (Raitz), and Appellee the Texas Department of

Transportation (TxDOT), (collectively the Parties), present this motion pursuant to

Texas Rule of Appellate Procedure 42.1(a)(2)(A) and respectfully request that the

Court render final judgment effectuating the parties’ agreement in this case. See

Ex. A. As grounds for this motion, the Parties respectfully show the Court the

following:

1. The trial court entered a default judgment in this matter on

February 12, 2025, ordering that Raitz is permanently enjoined from operating
three sand and gravel pits for failure to obtain safety certificates as required and

penalties of $20,000. See Ex. B.

2. TxDOT filed a motion to enforce the default judgment March 24, 2025.

3. Raitz filed a motion to vacate the default judgment and for new trial

which was denied May 16, 2025.

4. Raitz filed notice of its restricted appeal on May 16, 2025.

5. The Parties entered into a Rule 11 agreement on May 22, 2025, to

attempt to resolve the safety certificate noncompliance issue.

6. After completed safety certificate applications were submitted and

TxDOT completed its investigation of the three Raitz quarries, safety certificates

were issued on June 30, 2025. Ex. C.

7. The Parties have now reached an agreement and thus request that the

Court render judgment effectuating the Parties’ agreement as contained in the

attached Agreed Final Judgment. See Tex. R. App. P. 42.1(a)(2)(A).

For the reasons above, the Parties respectfully request that this Court render

judgment in accordance with the Parties’ Agreed Final Judgment and dismiss this

appeal.

2
Respectfully submitted,

KEN PAXTON /s/William L. Mennucci
__________________________
Attorney General of Texas WILLIAM L. MENNUCCI
State Bar No. 00788042
BRENT WEBSTER Thompson, Coe, Cousins, & Irons,
First Assistant Attorney General L.L.P.
2801 Via Fortuna, Suite 300
RALPH MOLINA Austin, Texas 78746
Deputy First Assistant Attorney Telephone: (512) 703-5085
General bmennucci@thomsponcoe.com
Lead Counsel
AUSTIN KINGHORN
Deputy Attorney General for Civil KASEY RACHEL
Litigation Dorsett Johnson, LLP
421 W. Third Street, Suite 700
NANETTE M. DINUNZIO Fort Worth, Texas 76102
Chief, Transportation Division Telephone: (817) 900-8202
Facsimile: (817) 882-8526
krachel@dorsettjohnson.com
/s/Joshua Longi
__________________________
JOSHUA LONGI COUNSEL FOR APPELLANTS
State Bar No. 24095228
Assistant Attorney General
Transportation Division
P.O. Box 12548
Austin, Texas 78711-2548
Telephone: (512) 936-1122
Facsimile: (512) 936-0888
joshua.longi@oag.texas.gov

COUNSEL FOR APPELLEE

3
CERTIFICATE OF SERVICE

This is to certify that on this day, September 16, 2025, a true and correct
copy of the foregoing Joint Motion Requesting Rendering of Final Judgment was
sent to the following as indicated below:

William L. Mennucci
State Bar No. 00788042
Thompson, Coe, Cousins, & Irons, L.L.P.
2801 Via Fortuna, Suite 300
Austin, Texas 78746
Telephone: (512) 703-5085
bmennucci@thomsponcoe.com
Lead Counsel

Kasey Rachel
Dorsett Johnson, LLP
421 W. Third Street, Suite 700
Fort Worth, Texas 76102
Telephone: (817) 900-8202
Facsimile: (817) 882-8526
krachel@dorsettjohnson.com

COUNSEL FOR APPELLANTS

/s/Joshua Longi
____________________________
JOSHUA LONGI
Assistant Attorney General

4
Exhibit A
NO. 15-25-00091-CV
_____________________________________________________________________

IN THE COURT OF APPEALS FOR THE
FIFTEENTH DISTRICT OF TEXAS AT AUSTIN
_____________________________________________________________________

U.S. SAND AND GRAVEL, LLC, RAITZ ENTERPRISES, INC. AND
RAITZ INVESTMENT GROUP, LLC,
Appellants,

V.

TEXAS DEPARTMENT OF TRANSPORTATION,
Appellee.
_____________________________________________________________________

AGREED FINAL JUDGMENT
_____________________________________________________________________

The Parties in the above-named cause have reached agreement in this case

and announce a settlement resolving all claims and finally disposing of this case.

I. Factual and Procedural Background

U.S. Sand and Gravel, LLC, Raitz Enterprises, Inc., and Raitz Investment

Group, LLC (collectively Raitz) operate three sand and gravel quarries, two in Erath

County and one in Comanche County: TxDOT Pit No. 2230, SC-1367, Erath

County, Seldon, Texas, FM 913; TxDOT Pit No. 2231, SC-1368, Erath County,

Hico, Texas, 17298 US Highway 281; and TxDOT Pit No. 2232, SC-1369,

Comanche County, Dublin, Texas, 4458 FM 1476. None of the three quarries had

applied for and received safety certificates as required by the Texas Department of
Transportation (TxDOT). See Tex. Nat. Res. Code § 133.045; 43 Tex. Admin. Code

§ 21.711.

TxDOT sued Raitz to obtain compliance, injunctive relief, and civil penalties

in July 2024. When Raitz failed to answer the suit, TxDOT moved for default

judgment in October 2024. The trial court signed a default judgment in

February 2025, enjoining Raitz from operating any of the three pits and assessing a

$20,000 penalty. TxDOT filed a motion to enforce the default judgment on

March 24, 2025, and a few days later, Raitz filed a motion to vacate default judgment

and for new trial. The trial court ultimately denied Raitz’s motion, and Raitz filed

notice of a restricted appeal. Raitz and TxDOT subsequently entered into a Rule 11

agreement which provided Raitz with an opportunity to apply for the safety

certificates. After completed safety certificate applications were submitted and

TxDOT completed its investigation of the three Raitz quarries, safety certificates

were issued on June 30, 2025.

II. Terms of Agreement

Given that Raitz has obtained the required safety certificates from TxDOT,

the parties have reached an agreement to settle and dispose of this case as follows:

1. Raitz may operate the three quarries described above pursuant to the terms of

the safety certificates issued by TxDOT on June 30, 2025.

2. Raitz shall operate and maintain the quarries pursuant to all applicable laws

2
and regulations and acknowledges that failure to do so could result in

cancelation of the safety certificates, civil penalties, or both.

3. Raitz shall not operate any other quarry that does not have a current safety

certificate issued by TxDOT if required by Texas Natural Resources Code

§ 133.045, or that is not in compliance with all applicable laws and

regulations.

4. Raitz shall pay a penalty in the amount of $20,000.00 for the violations

identified at the three quarries listed above, which accrued prior to Raitz

having been issued safety certificates on June 30, 2025.

5. Post-judgment interest on the penalty amount in paragraph 4 will be calculated

at the rate of five percent (5%) compounded annually from February 12, 2025,

until the penalty is paid in full.

6. Raitz agrees to dismiss the restricted appeal pending in the Fifteenth Court

of Appeals at Austin, Texas.

III. Injunction

It is therefore ORDERED that Raitz, its officers, directors, employees, agents,

legal representatives, subsidiary organizations, parent organizations, successor

corporations, insurers, and assigns, and all other persons, firms, or corporations who

might be liable, are hereby enjoined from owning, operating or maintaining any

quarries in the State of Texas without safety certificates required pursuant to the

3
Texas Aggregate Quarry and Pit Safety Act, Texas Natural Resources Code,

Chapter 133 and 43 Texas Administrative Code chapter 21, subchapter M.

It is further ORDERED that any quarries owned, operated or maintained by

Raitz in the State of Texas shall be owned, operated or maintained in compliance

with all applicable laws and regulations pertaining to such quarries.

IV. Order of the Court

It is further ORDERED that Raitz shall pay a penalty in the amount of

$20,000.00 and post-judgment interest on the penalty amount calculated at the rate

of five percent (5%) compounded annually from February 12, 2025, to be paid to the

Texas Department of Transportation within 60 days of the date of this judgment.

It is further ORDERED that all costs of Court are hereby adjudged against

the party incurring said costs.

It is finally ORDERED that this judgment disposes of all parties and all

claims raised in this cause. All relief not expressly granted herein is denied.

SIGNED this ______ day of ________________________, 2025.

________________________________
JUSTICE, Fifteenth Court of Appeals

4
APPROVED AS TO SUBSTANCE AND FORM:

KEN PAXTON
Attorney General of Texas

/s/Joshua Longi
__________________________ /s/William L. Mennucci
_________________________
JOSHUA LONGI WILLIAM L. MENNUCCI
State Bar No. 24095228 State Bar No. 00788042
joshua.longi@oag.texas.gov Thompson, Coe, Cousins, & Irons,
Assistant Attorney General L.L.P.
Transportation Division 2801 Via Fortuna, Suite 300
P.O. Box 12548 Austin, Texas 78746
Austin, Texas 78711-2548 Telephone: (512) 703-5085
Telephone: (512) 936-1122 bmennucci@thomsponcoe.com
Facsimile: (512) 936-0888 Lead Counsel

COUNSEL FOR APPELLEE KASEY RACHEL
Dorsett Johnson, LLP
421 W. Third Street, Suite 700
Fort Worth, Texas 76102
Telephone: (817) 900-8202
Facsimile: (817) 882-8526
krachel@dorsettjohnson.com

COUNSEL FOR APPELLANTS

5
Exhibit B
02/12/2025 03:21:38 PM
Velva L. Price
District Clerk
Travis County
D-1-GN-24-004334

CAUSE NO. D-I-ON-24-004334

TEXAS DEPARTMENT OF § IN THE DISTRICT COURT
TRANSPORTATION, §
Plaintiff, §
v. §
§ 459•h JUDICIAL DISTRICT
U.S. SAND & GRAVEL LLC, RAITZ §
ENTERPRISES, INC., RAITZ §
INVESTMENT GROUP LLC §
Defendant § TRAVIS COUNTY, TEXAS

DEFAULT JUDGMENT
On this day, plaintiff Texas Department of Transportation, moved for default judgment

after defendants U.S. Sand & Gravel LLC, Raitz Enterprises, Inc., and Raitz Investment Group

LLC (collectively, "U.S. Sand & Gravel'') failed to file an answer in this case. Plaintiff's motion

was heard on submission on this date. Plaintiff has appeared through its attorney. Defendants

having been duly served with citation and a copy of plaintiff's original petition, have not

apeared or answered.

On submission, the Court de~ined it had jurisdiction over the subject matter and the

parties in this proceeding, and the citation and proof of service were on file for at least ten day:s

before the motion was filed. After considering the pleadings, the papers on file in this case, and

the evidence plaintiff presented on liability, damages, and attorney fees, the Court grants

plaintiff's motion for default judgment.

The Court hereby RENDERS judgment for plaintiff, Texas Department of

Transportation.

I. Accordingly, the Court orders that plaintiff, Texas Department of Transportation, reco'Ver

the following from defendants:

a. A permanent injunction ordering the defendants to cease its operation of all three pits.

b. Penalties in the amount of$20,000.00.
c. Reeseneble enEI neeessery euerney fees in the ameunt efSl,S09.99 ferlhe

preseeutien efthis case lhreugh this j uElgment,

d. Ceul'l cests.

c. Post judgment interest on the above monetary damages at the rate of 5%,

compounded annually, from the date this judgment is rendered until all amounts are

paid in full .

2. The Court orders execution to issue for this judgment.

SIGNED on f@1.Y•'3 12- , 20~
Exhibit C
®

I Texas Department of Transportation
125 EAST 11TH STREET, AUSTIN, TEXAS 78701-2483 I 512.463.8588 I WWW.TXDOT.GOV

June 30, 2025

Casey Raitz
US Sand and Gravel, LLC
1111 N. Graham Street
Stephenville, Texas 76401

RE: Safety Certificate

Mr. Raitz,

As requested you have submitted the required paperwork for the US Sand and Gravel LLC,
Seldon Pit for compliance with the Texas Aggregate Quarry and Pit Safety Act (Act) under
Natural Resources Code, Title 4, Chapter 133, Section 133.045. The earthen berm barriers and
highwall sloping are necessary to protect the traveling public and adjacent property where
applicable. Maintenance will be required in the future if needing to comply with Title 4, Natural
Resources Code, Chapter 133, Sections 133.04land 133.901. The quarry meets the minimum
requirements to be issued a safety certificate, and enclosed is the safety certificate for the US
Sand and Gravel LLC, Seldon Pit.

All safety requirements under the Act and Texas Administrative Code, Title 43, Chapter 21,
Subchapter M remain in effect during the entire mining process. A safety certificate may be
transferred to another responsible person, as long as the safety requirements are met, and transfer
of the safety certificate follows the procedure specified in Sec. 133.051 of the Act. At the
completion of mining of the pit site, a cessation certificate is required.

Should you have any future questions regarding the requirements of the Act and Rules, please
call me at (737) 465-2173. Your cooperation in complying with this program and protecting the
motoring public is appreciated.

TODD B HUDDLESON
___J
I Texas De~rtmMt of Tr•nsporl•tlon
Maintenance Division
Quarry / Pit Safety Program
6230 E. Stassney Lane
Austin, TX 78744
Office 737.465.2173
TODD.HUDDLESON@TXDOT.GOV

OUR VALUES: People • Accountability • Trust • Honesty
OUR MISSION: Connecting You With Texas

An Equal Opportunity Employer
Texas
Department
of Transportation

Safety Certificate
Quarry and Pit Safety Certificate TxDOT
SC No., SC-1367 TxDOT Pit No. 2230

Quarry or Pit Location

Erath County, Seldon, Texas, Farm to Market 913,
32.149702, -98.110821

This certifies that US Sand and Gravel LLC, Seldon Pit has met the requirements
for a safety certificate in accordance with the Texas Aggregate Quarry
and Pit Safety Act, (Title 4, Natural Resources Code, Chapter 133) and Regulations
(Texas Administrative Code) administered by the Texas Department of Transportation.

Date of Issue is June 30, 2025

Certificate transfer, denial of transfer, revocation and cessation of operations of the pit
or quarry are subject to Sections 133.051 through 133.054 and Section 133.901 of
Chapter 133 of the Texas Aggregate Quarry and Pit Safety Act.

Signed by,

Todd B. Huddleson
Quarry/Pit Safety Program Manager
~ ®

I Texas Department of Transportation
125 EAST 11TH STREET, AUSTIN, TEXAS 78701-2483 I 512.463.8588 I WWW.TXDOT.GOV

June 30, 2025

Casey Raitz
US Sand and Gravel, LLC
1111 N. Graham Street
Stephenville, Texas 76401

RE: Safety Certificate

Mr. Raitz,

As requested you have submitted the required paperwork for the US Sand and Gravel LLC,
Proctor Pit for compliance with the Texas Aggregate Quarry and Pit Safety Act (Act) under
Natural Resources Code, Title 4, Chapter 133, Section 133.045. The earthen berm barriers and
highwall sloping are necessary to protect the traveling public and adjacent property where
applicable. Maintenance will be required in the future if needing to comply with Title 4, Natural
Resources Code, Chapter 133, Sections 133.04land 133.901. The quarry meets the minimum
requirements to be issued a safety certificate, and enclosed is the safety certificate for the US
Sand and Gravel LLC, Proctor Pit.

All safety requirements under the Act and Texas Administrative Code, Title 43, Chapter 21,
Subchapter M remain in effect during the entire mining process. A safety certificate may be
transferred to another responsible person, as long as the safety requirements are met, and transfer
of the safety certificate follows the procedure specified in Sec. 133.051 of the Act. At the
completion of mining of the pit site, a cessation certificate is required.

Should you have any future questions regarding the requirements of the Act and Rules, please
call me at (737) 465-2173. Your cooperation in complying with this program and protecting the
motoring public is appreciated.

TODD B HUDDLESON

I-=-A
Texas O.partment of Tr• nsport• tion
Maintenance Division
Quarry/ Pit Safety Program
6230 E. Stassney Lan e
Austin, TX 78744
Office 737.465.2173
TODD.HUDDLESON@TXDOT.GOV

OUR VALUES: People • Accountability • Trust • Honesty
OUR MISSION: Connecting You With Texas

An Equal Opportunity Employer
Texas
Department
of Transportation

Safety Certificate
Quarry and Pit Safety Certificate TxDOT
SC No., SC-1369 TxDOT Pit No. 2232

Quarry or Pit Location

Comanche County, Dublin, Texas, 4458 Farm to Market 1476,
31.914663, -98.404862

This certifies that US Sand and Gravel LLC, Proctor Pit has met the requirements
for a safety certificate in accordance with the Texas Aggregate Quarry
and Pit Safety Act, (Title 4, Natural Resources Code, Chapter 133) and Regulations
(Texas Administrative Code) administered by the Texas Department of Transportation.

Date of Issue is June 30, 2025

Certificate transfer, denial of transfer, revocation and cessation of operations of the pit
or quarry are subject to Sections 133.051 through 133.054 and Section 133.901 of
Chapter 133 of the Texas Aggregate Quarry and Pit Safety Act.

Signed by,

Zd✓3. o¼✓~,41
Todd B. Huddleson
Quarry/Pit Safety Program Manager
~ ®

I Texas Department of Transportation
125 EAST 11TH STREET, AUSTIN, TEXAS 78701-2483 I 512.463.8588 I WWW.TXDOT.GOV

June 30, 2025

Casey Raitz
US Sand and Gravel, LLC
1111 N. Graham Street
Stephenville, Texas 76401

RE: Safety Certificate

Mr. Raitz,

As requested you have submitted the required paperwork for the US Sand and Gravel LLC, US
281 S. Mine for compliance with the Texas Aggregate Quarry and Pit Safety Act (Act) under
Natural Resources Code, Title 4, Chapter 133, Section 133.045. The earthen berm barriers and
highwall sloping are necessary to protect the traveling public and adjacent property where
applicable. Maintenance will be rnquired in the future if needing to comply with Title 4, Natural
Resources Code, Chapter 133, Sections 133.04land 133.901. The quarry meets the minimum
requirements to be issued a safety certificate, and enclosed is the safety certificate for the US
Sand and Gravel LLC, US 281 S. Mine.

All safety requirements under the Act and Texas Administrative Code, Title 43, Chapter 21 ,
Subchapter M remain in effect during the entire mining process. A safety certificate may be
transferred to another responsible person, as long as the safety requirements are met, and transfer
of the safety certificate follows the procedure specified in Sec. 133.051 of the Act. At the
completion of mining of the pit site, a cessation certificate is required.

Should you have any future questions regarding the requirements of the Act and Rules, please
caJI me at (737) 465-2173. Your cooperation in complying with this program and protecting the
motoring public is appreciated.

TODD B HUDDLESON
~ ©
~ H Departmont of Tr•nsport• tion

Maintenance Division
Quarry/ Pit Safety Program
6230 E. Stassney Lane
Austin, TX 78744
Office 737.465.2173
TODD.HUDDLESON@TXDOT.GOV

OUR VALUES: People • Accountability • Trust • Honesty
OUR MISSION: Connecting You With Texas

An Equal Opportunity Employer
Texas
Department
of Transportation

Safety Certificate
Quarry and Pit Safety Certificate TxDOT
SC No., SC-1368 TxDOT Pit No. 2231

Quarry or Pit Location

Erath County, Hico, Texas, 17298 US Highway 281,
32.104405, -98.126388

This certifies that US Sand and Gravel LLC, US 281 S. Mine has met the requirements
for a safety certificate in accordance with the Texas Aggregate Quarry
and Pit Safety Act, (Title 4 , Natural Resources Code, Chapter 133) and Regulations
(Texas Administrative Code) administered by the Texas Department of Transportation.

Date of Issue is June 30, 2025

Certificate transfer, denial of transfer, revocation and cessation of operations of the pit
or quarry are subject to Sections 133.051 through 133.054 and Section 133.901 of
Chapter 133 of the Texas Aggregate Quarry and Pit Safety Act.

Signed by,

Todd B. Huddleson
Quarry/Pit Safety Program Manager
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Ally Wickliffe on behalf of Joshua Longi
Bar No. 24095228
ally.wickliffe@oag.texas.gov
Envelope ID: 105651124
Filing Code Description: Motion
Filing Description: Joint Motion Requesting Rendition of Final Judgment
Status as of 9/16/2025 3:36 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

William LMennucci bmennucci@thompsoncoe.com 9/16/2025 2:59:25 PM SENT

Krissi Martinez kmartinez@thompsoncoe.com 9/16/2025 2:59:25 PM SENT

Kasey Rachel krachel@dorsettjohnson.com 9/16/2025 2:59:25 PM SENT

Associated Case Party: Texas Department of Transportation

Name BarNumber Email TimestampSubmitted Status

Joshua Longi 24095228 joshua.longi@oag.texas.gov 9/16/2025 2:59:25 PM SENT

Ally Wickliffe ally.wickliffe@oag.texas.gov 9/16/2025 2:59:25 PM SENT

Associated Case Party: U.S. Sand & Gravel LLC

Name BarNumber Email TimestampSubmitted Status

Christi Benoit Cbenoit@thompsoncoe.com 9/16/2025 2:59:25 PM SENT