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Author: rhenry12598

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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Eminent Domain, Takings

Texas Supreme Court holds reversionary interest in right to purchase is compensable.

March 29, 2013rhenry12598Leave a comment

El Dorado Land Co. v City of McKinney, NO. 11-0834, (Tex. March 29, 2013) This case has gone up to the Texas Supreme Court before on interlocutory appeal, back down, and now returns. This is an inverse condemnation lawsuit where the issue
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Contracts, Litigation

13th Court of Appeals holds cities cannot be held statutorily liable for attorney’s fee for breach of contract

March 29, 2013rhenry12598Leave a comment

City of McAllen v Casso, no. 13-11-00749-CV, (Tex. Civ. App. – Corpus Christy, March 28, 2013) This case has good and bad holdings for cities. Casso was a municipal judge who suffered from Lupos.  Prior to her resignation due to her health,
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Recent Posts

  • 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
  • Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk
  • 14th Court of Appeals holds Plaintiff in vehicle accident failed to estbalish City recieved a proper notice of claim or actual knowledge of the claim within deadline so case was dismissed

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  • 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

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