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Author: rhenry12598

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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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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  • 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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