No case or controversy exists once tenant City leaves property says Dallas Court of Appeals

Neil Noble v. City of Dallas, 05-13-01103-CV (Tex. App. – Dallas, February 26, 2014)

This is a Public Information Act (“PIA”) suit, but with a twist of an attempted eviction.  Noble filed a PIA request which, after suit, he ultimately obtained. Before the trial court could sign the dismissal order, he amended his petition seeking to evict tenants (the City) from his property. The City responded with a plea to the jurisdiction which the trial court granted and Nobel appeals. However, two months after the filing of the appeal, Noble informed the court the tenants had vacated the property. Since no live controversy exists at this point, the Dallas Court of Appeals dismissed the case as moot. Noble contested in a letter brief that the case is moot, but provided nothing demonstrating a live controversy. The court dismissed the appeal.

If you would like to read this opinion click here.  Panel: Chief Justice Wright and Justices Lang-Miers and Brown. Opinion by Chief Justice Wright. The attorney listed for the City of Dallas is James Pinson.  Neil Noble appeared pro se.



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