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Author: rhenry12598

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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Employment Law, Whistleblower

Texas Supreme Ct. Holds Whistlblowers’ Reports to Supervisors Insufficent

February 22, 2013rhenry12598Leave a comment

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
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Litigation, Nuisance, Zoning

El Paso’s SOB Ordinance Affirmed

February 21, 2013rhenry12598Leave a comment

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
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Sovereign Immunity

County’s Mtn to Dismissed Denied Due to Fact Question

February 21, 2013rhenry12598Leave a comment

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
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Litigation, Zoning

City’s Fight Over River Ordinances Continues

February 21, 2013rhenry12598Leave a comment

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
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Zoning

Tex. Supreme Ct Holds Air Quality Permit Preempts City’s Land Use Ordinance

February 15, 2013rhenry12598Leave a comment

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
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Litigation, Zoning

Court of Appeals Upholds Substandard Building Demolition

February 6, 2013rhenry12598Leave a comment

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,
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  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call

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