UT South Western v Gentilello, NO. 10-0582, ____S.W.3d____ (Tex. February 22, 2013) This is a Texas Whistleblower Act case where the question is whether or not the report of alleged illegal activity to a supervisor who has the ability to refer violations
Read More
Bryan S. Foster d/b/a Jaguars Gold Club v. City of El Paso, No. 08-10-00157-CV, Court of Appeals for Eighth District (February 20, 2013.) Plaintiff Foster appeals the trial court’s granting of the City of El Paso’s motion for summary judgment related to
Read More
San Jacinto County Sheriff’s Office v. Sabrina Butler, NO. 09-12-00442-CV, Court of Appeals for the Ninth District (February 21, 2013) This case is an interlocutory appeal from the denial of a motion to dismiss. The suit arises out of a collision involving
Read More
New Braunsfels v STOP, NO. 03-12-00528-CV, Third Court of Appeals (February 21, 2013) This is an opinion which essentially denied the City’s Plea to the Jurisdiction. The City had a collection of ordinances designed to limit or eliminate the “over consumption” of
Read More
Southern Crushed Concrete v City of Houston, NO. 11-0270, ___S.W.3d ____ (Tex. February 15, 2013). In this case from the Texas Supreme Court the Court held that the Texas Clean Air Act (“TCAA”) preempts certain local ordinances even if the ordinance is
Read More
Wood v City of Texas City This is a public nuisance/substandard building case in a city utilizing a Buildings and Standards Commission. Wood owned, among many others, two properties in Galveston County which he purchased at a foreclosure sale. Following Hurricane Ike,
Read More
United States v. Land No. 11-31167 http://www.ca5.uscourts.gov/opinions/pub/11/11-31167-CV0.wpd.pdf In this eminent domain case, the Court rules that an association’s right to collect assessments is “property,” but concludes that its diminution is not a compensable interest under the Takings Clause. While this is a
Read More
LIT HW 1, L.P. v Town of Flower Mound et al. LIT owns a warehouse in Flower Mound which it leases to an electrical component recycler. The Town adopted the 2006 version of the International Building Code. LIT did not have heating
Read More
Greater Houston Partnership v Gregg Abbott, Texas Attorney General This is a Public Information Act (PIA) case, but not your typical case. The Court of Appeals was asked to determine if a private contractor who had a contract with the City of
Read More
City of Houston v Aster This is on a motion to reconsider en banc which the court granted and issued this substitute ruling. Aster alleges the City of Houston beached a contract for a construction project and certain computer and technical services.
Read More