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Author: rhenry12598

Litigation, Nuisance

City dog/cat ordinance held constitutional

March 23, 2013rhenry12598Leave a comment

Patterson v City of Bellmead, No. 10-12-00357-CV (Tex. Civ. App. Waco, March 21, 2013). This is a challenge to an animal limitation ordinance. The City had an ordinance limiting the total number of cats and dogs at a single location to four. 
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Sovereign Immunity

Dismissal of governmental entity not allowed for Texas Tort Claims Act claims even if employee is sued.

March 22, 2013rhenry12598Leave a comment

Texas Parks and Wildlife Department v Ruiz, No. 13-11-00789-CV, (Tex. Civ. App. – Corpus Christi, March 21, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction arising out of an automobile accident.  This case is applying
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Sovereign Immunity

Tree roots are special defects and City responsible for real property it does not own says 1st Court of Appeals.

March 20, 2013rhenry12598Leave a comment

City of Houston v Cogburn, NO. 01-11-00318-CV, (Tex. Civ. App. – Houston [1st dist.] March 19, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction arising out of a premise/special defect case.  The Plaintiff, Cogburn, parked
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Uncategorized

Fourth Court of Appeals holds trial court lost power over case three years before trial date.

March 13, 2013rhenry12598Leave a comment

This is a plea to the jurisdiction case which will probably only be interesting to litigators. It deals with when a trial court loses plenary power to change an order on a plea.  The Plaintiff filed suit in 2005.  The case does
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Eminent Domain, Public Works, Takings

Texas Supreme Court holds city responsible for “potential” flooding.

March 8, 2013rhenry12598Leave a comment

Kopplow Dev. v City of San Antonio, NO. 11-0104, (Tex. March 8, 2013) The question in this case is whether an inverse condemnation claim is premature when premised on the owner’s inability to develop its property as the city previously approved.  The
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Sovereign Immunity

1st Court of Appeals holds “actual knowledge” of a dangerous condition is required for beach deaths.

March 7, 2013rhenry12598Leave a comment

City of Texas City v Suarez, NO. 01-12-00848-CV, (Tex. Civ. App. – Galveston, March 7, 2013). This is a Texas Tort Claims Act (“TTCA”)/ Recreational Use Statute (“RUS”) interlocutory appeal case where the Court of Appeals determined the City retained immunity for
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Nuisance

4th Court of Appeals holds City failed to raise Stewart defense in pre-Stewart MSJ

March 6, 2013rhenry12598Leave a comment

Chin Wu v City of San Antonio, No. 04-10-00836-CV (Tex. Civ. App. – San Antonio March 6, 2013). This is a dangerous structure/inverse condemnation takings case where the 4th Court of Appeals reversed the order granting the City of San Antonio’s summary
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Uncategorized

5th Circuit Holds Foot Officer Acted Reasonably in Unsaddling Motorcycle Rider

February 28, 2013rhenry12598Leave a comment

Aguilar v. Williams No. 11-51069 (5th Circuit, February 19, 2013). This is an interlocutory appeal from the denial of qualified immunity asserted by two police officers in their motion for summary judgment.  The only thing significant about this case is the Court
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Nuisance, Sovereign Immunity

13th COA Holds City and Employees Can be Sued for Trespass

February 28, 2013rhenry12598Leave a comment

Redburn v City of Victoria, 13-12-00215-CV, (Tex. Civ. App. – Corpus Christi, February 28, 2013). Redburn purchased two tracts of property in 2004, one of which had a pre-existing concrete culvert which has been part of the City’s Storm Sewer System.  After
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Eminent Domain

Houston COA holds injunction to prevent condemnation surveys not ripe

February 28, 2013rhenry12598Leave a comment

Texas Municipal Power Agency v Johnston, NO. 01-12-00873-CV, (Tex. Civ. App. Houston [1st Dist], February 28, 2013). This is an injunction case by a property owner trying to stop a threatened condemnation process. TMPA filed a plea to the jurisdiction which was
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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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