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Author: rhenry12598

Litigation, Sovereign Immunity

Deputies not liable for knocking out suspect’s teeth

April 18, 2013rhenry12598Leave a comment

Franks v Zwicke, No. 04-12-00529-CV (Tex. App. – San Antonio, April 17, 2013) Franks is a pro se inmate who alleges deputies intentionally knocked out four of his teeth during his arrest for breaking into a county facility. The deputies filed a
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Takings

City not liable for destroying driveway to construction site

April 17, 2013rhenry12598Leave a comment

Agbolade O. Odutayo and Bonita Odutayo v. City of Houston, 01-12-00217-CV (Tex. App. –  Houston [1st Dist] April 16, 2013). The First District Court of Appeals affirmed the granting of a plea to the jurisdiction in this inverse condemnation suit regarding a
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Nuisance, Zoning

Owner not liable for demolished historic building says 5th Dist. Court of Appeals

April 17, 2013rhenry12598Leave a comment

Texas West End, Inc v. City of Dallas and Texas Historical Commission, 05-11-00582-CV, (Tex. App. – April 15, 2013) This is a historic building demolition case.  The Missouri, Kansas & Texas Railway freight station was a building for which the TCI West
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PIA

AG improperly opined trade secrets must be released under PIA.

April 12, 2013rhenry12598Leave a comment

Waste Management of Texas, Inc. v Greg Abbott, 11-11-00112-CV (Tex. Civ. App. – Eastland, April 11, 2012). This is a Public Information Act (“PIA”) case against the Texas Attorney General (“AG”). Essentially, a PIA request was made for Waste Management’s (“WM”) “waste
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Eminent Domain, Takings

Tx. Sup. Ct holds judgment void in land transfer even though city signed it.

April 6, 2013rhenry12598Leave a comment

TEXAS DEPARTMENT OF TRANSPORTATION AND CITY OF EDINBURG v. A.P.I. PIPE AND SUPPLY, No. 10-1020 (Tex.  April 5, 2013) In an inverse-condemnation dispute, two judgments (one in 2003 and one in 2004) conflict as to the extent of the state’s easement. In
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Employment Law

[Appellate Update] Tx Sup. Ct holds no right to union rep during internal interview of firefighter

April 6, 2013rhenry12598Leave a comment

THE CITY OF ROUND ROCK v. RODRIGUEZ; No. 10-0666, (Tex. April 5, 2013) In a 6-3 decision, the Court holds that unionized Texas public-sector workers do not have the right to have union representation during an internal investigation interview. In 2008 the
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Employment Law, Litigation

“Mailbox Rule” does not apply to TWC right-to-sue deadline.

April 6, 2013rhenry12598Leave a comment

Gutierrez v B&B Landfill, NO. 10-12-00219-CV, (Tex. Civ. App. – Waco, April 4, 2013). This is an employment discrimination lawsuit where the Tenth District Court of Appeals held the Plaintiff failed to timely file his petition after receiving his right-to-sue letter.  The
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Contracts, Public Works, Sovereign Immunity

City liable for contract damages for property it could not legally purchase

April 5, 2013rhenry12598Leave a comment

Wight Realty Interests v City of Friendswood, NO. 01-11-01075-CV (Tex. Civ. App. – Houston [1st Dist], April 4, 2013) This is a breach of contract claim where the court of appeals determined the City waived its immunity.  The City and Wight entered
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Declaratory Judgments, Sovereign Immunity

City retains immunity in declaratory judgment suit even though party only sought a declaration of rights

April 3, 2013rhenry12598Leave a comment

City of Dallas v EZ Pawn, No. 05-12-01269-CV, (Tex. Civ. App. – Dallas April 2, 2013). The Fifth District Court of Appeals held the City of Dallas retains sovereign immunity under the Texas Uniform Declaratory Judgment Act when a plaintiff is merely
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Board of Adjustment, Land Use, Zoning

4th Court of Appeals holds BOA has no authority to hold ordinance is superseded by statute

March 30, 2013rhenry12598Leave a comment

Bartonville Planning and Zoning Board of Adjustment v Bartonville Water Supply District, No. 04-12-00483-CV, (Tex. Civ. App. – San Antonio, March 27, 2013) The Bartonville Water Supply District attempted to erect a new water tower within the Town of Bartonville and argued
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Recent Posts

  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims
  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA

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  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims

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