Contracts, Employment Law, Litigation, Procedure, Retaliation, Whistleblower

Order granted County’s plea to the jurisdiction reversed by 13th Court of Appeals in Whistleblower Act case

Leticia Perez v. Cameron County and Juan A. Gonzalez 13-17-00581-CV (Tex. App. – Corpus Christi & Edinburg, November 15, 2018). This is a Texas Whistleblower Act case where the Thirteenth Court of Appeals reversed and remanded the order granting the County’s plea
Read More

Litigation, Sovereign Immunity, TTCA

Car accident plaintiff failed to meet notice requirements of Tort Claims Act since County investigation of claim failed to reveal subjective awareness of fault

Jefferson County, Texas v. Luis Fernando Martinez Reyes, 09-18-00236-CV (Tex. App. – Beaumont, November 15, 2018). This is a vehicle accident/Texas Tort Claims Act (“TTCA”) case where the Beaumont Court of Appeals reversed the denial of the County’s plea to the jurisdiction
Read More

Constitutional Challenge, Declaratory Judgments, Finance, Tax

Texas Supreme Court disposes of various natural gas compressor taxation suits by holding taxing location is inventory yard, not temporary physical locations

Ward County Appraisal District v EES Leasing, et al, 15-0965 (Tex. Nov. 16, 2018) The Texas Supreme Court issued several connected opinions relating to the proper taxing entity for compressor equipment and pipelines. EXLP Leasing owns and leases out compressor stations used
Read More

Constitutional Challenge, Declaratory Judgments, Eminent Domain, Injunction, Land Use, Sovereign Immunity, Takings

City not liable for takings claim because of alleged failure to enforce ordinances against neighboring property owner/developer

City of Mason v. William Robin Lee, et al.  04-18-00275-CV (Tex. App. – San Antonio, Nov. 7, 2018). This is an interlocutory appeal in a regulatory takings case where the Fourth Court of Appeals reversed the denial of the City’s plea to
Read More

Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Sec. 1983, Separation of Powers

U.S. 5th Circuit holds promoter of sex convention had standing to sue after City passed ordinance banning convention

Three Expo Events, LLC v City of Dallas, 17-10632 (5th Cir. October 24, 2018). This is a First Amendment case involving a sex convention where the U.S. 5th  Circuit reversed an order granting the City’s motion to dismiss. Three Expo Events, L.L.C.
Read More

Constitutional Challenge, Sec. 1983, TTCA

Fort Worth Court of Appeals holds trial court lacked jurisdiction to hear civil lawsuit for wrongful arrest/malicious prosecution since Plaintiff was convicted of 1 of 3 indictments

Nathaniel Washington v. City of Arlington Police Department, R. Walsh, Taylor Ferguson, Brian Salvant, and George Mackey 02-17-00337-CV (Tex. App — Fort Worth, Oct. 4, 2018) This is a civil rights and tort case where the Fort Worth Court of Appeals affirmed
Read More

Declaratory Judgments, Injunction, Mandamus, PIA

Order for City to release documents under PIA and certify compliance was not a “temporary injunction” entitling City to interlocutory appeal says Houston’s 1st District Court of Appeals

  City of Houston v Dolcefino  Communications, et al., 01-17-00979-CV (Tex. App. – Houston [1st Dist.], October 30, 2018 This is an interlocutory appeal in a Public Information Act (“PIA”) case where the First District Court of Appeals determined it lacked interlocutory
Read More

Contracts, Declaratory Judgments, Injunction, Public Works, Sovereign Immunity

Contract for sale of waste water to golf course is a governmental function and no waiver of immunity exists for breach claim

City of Merkel v Copeland, 11-16-00323-CV (Tex. App. — Eastland, October 18, 2018).  This is a governmental immunity/breach of contract claim where the Eastland Court of Appeals reversed the denial of the City’s plea to the jurisdiction.  The City entered into a
Read More