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Author: rhenry12598

Litigation

District Could Be Liable for Interest on Bonds

January 29, 2013rhenry12598Leave a comment

Harris County Fresh Water Supply District v FWO Development, LTD This is an interlocutory appeal from the denial of the jurisdictional arguments contained within the District’s motion for summary judgment.  The case has a lot of history involved, but the main thing
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Litigation, Public Works

Tx. Sup. Ct. Says To Be Careful Before Suing Architects, Engineers, or Surveyors

January 26, 2013rhenry12598Leave a comment

CTL v Starwood Homeowner’s Association While this isn’t a local government case, it has some impact on certain things city and county litigators do. Plus, it’s a Texas Supreme Court case, so it carries just a little bit of weight with the
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Litigation

Tx. Sup. Ct. Holds Cities Can Lose Right to Interlocutory Appeal.

January 26, 2013rhenry12598deadline, Interlocutory appeal, Supreme CourtLeave a comment

Below is a Texas Supreme Court case of interest to municipal attorneys and litigators. The City of Houston issued a demolition permit to a neighbor of Kenneth S. Jones.  While performing work under the permit the neighbor destroyed part of Jones’s home. Jones
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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
  • 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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