Agency, Declaratory Judgments, Litigation, Procedure, Ultra Vires, Uncategorized

Amarillo Court of Appeals holds committed individual cannot challenge commitment or conditions through secondary suit

James Richards v. Marsha McLane, in Her Official Capacity as Director of the Texas Civil Commitment Office, 07-20-00306-CV, (Tex. App – Amarillo, July 6, 2021) This is a declaratory judgment/ultra vires type case where the Amarillo Court of Appeals affirmed the granting
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Litigation, Procedure, Sovereign Immunity, TTCA

Mere acknowledgment a police report exists does not establish actual notice of claim because the existence of an investigation alone is insufficient to demonstrate actual notice says 13th Court of Appeals

  City of Mission, Texas v. Lucila Gonzalez, 13-20-00138-CV, (Tex. App – Corpus Christi & Edinburg, July 22, 2021) This is a premise liability case under the Texas Tort Claims Act (“TTCA”) where the Corpus Christi & Edinburg Court of Appeals reversed
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Sovereign Immunity, TTCA

Since injured inmate had observed repair of table and knew it was inadequate, inmate accepted the risk of sitting at table – County therefore not liable under TTCA

Hidalgo County Detention Center v. Isidro Villa Huerta, 13-20-00113-CV, (Tex. App – Corpus Christi & Edinburg, July 22, 2021) This is a premise liability case under the Texas Tort Claims Act (“TTCA”) where the Corpus Christi & Edinburg Court of Appeals reversed
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Agency, Declaratory Judgments, Litigation

Austin Court of Appeals holds AG established only 6 days of violations by city of concealed handgun prohibitions, not the 500+ asserted

Ken Paxton, Texas Attorney General v. City of Austin, Mayor Steve Adler, Ora Houston, Delia Garza, Sabino Renteria, Gregorio Casar, Ann Kitchen, Don Zimmerman, Leslie Pool, Ellen Troxclair, Kathie Tovo, and Sheri Gallo, each in their Official Capacity, 03-19-00501-CV, (Tex. App –
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Discrimination, Employment Law, Whistleblower

Evidence that a decisionmaker knew about the report of illegal activity is required to prove a Whistleblower retaliation claim.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Houston Community College v. Sabrina Lewis, No. 01-19-00626-CV (Tex. App.—Houston [1st Dist.], June 29, 2021) (mem. op.). In this appeal from a trial court’s holding denying the college’s plea to the jurisdiction
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Litigation, Procedure, Sovereign Immunity, TTCA

Dallas Court of Appeals holds coordination of extra-duty assignments for police officers is a governmental function – Plaintiffs required to provide proper notice of claim under TTCA

Town of Highland Park v. Tiffany Renee McCullers, individually and for the benefit of Calvin Marcus McCullers and Calvin Bennett McCullers and ANF of C.J., Minor, and Sonya Hoskins, et al, 05-19-01431-CV, (Tex. App – Dallas, June 29, 2021) This is a
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Declaratory Judgments, Land Use, Zoning

Texas Supreme Court holds historic preservation ordinance is not “zoning” but must still comply with certain Chapter 211 requirements

Powell, et al., v City of Houston, 19-0689 (Tex. June 4, 2021) The Texas Supreme Court determined that Houston’s Historic Preservation Ordinance was not a zoning ordinance and therefore the zoning restrictions under state law do not apply. However, certain provisions of
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