Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Land Use, Public Works, Sovereign Immunity, Takings

Texas Supreme Court holds city’s civil-enforcement of utility payment ordinance was not an unconstitutional taking

  City of Baytown v Alan Schrock, 20-0309 (Tex. May 13, 2022)  In this takings case, the Texas Supreme Court held the City of Bayton (City) did not commit a taking by withholding utility service in order to collect unpaid utility bills.
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Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Sovereign Immunity, Takings

Texas Supreme Court holds general-law cities cannot impose a revenue-based licensing fee for construction trash haulers

  Builder Recovery Services, LLC v. The Town of Westlake, Texas, 21-0173, (Tex, May 20, 2022)  In this case, the Texas Supreme Court held that general law cities have limited authority to impose license fees for solid waste collections.   The Town
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Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Sovereign Immunity, Takings

First District Court of Appeals holds property owner could not bring a takings claim based on judicial order regarding substandard building

Jaime Jaramillo v. The City of Texas City, 01-20-00654-CV, (Tex. App.—Houston [1st Dist.], Feb. 8, 2022, no pet. h.) (mem. op.). This is a takings case brought after the City initiated an enforcement action for a dilapidated building. The First District Court
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Constitutional Challenge, Declaratory Judgments, Land Use, Sec. 1983, Sign Regulation

U.S. Supreme Court holds Austin on-premise/off-premise sign regulation is content neutral

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Austin, Texas v. Reagan Nat’l Advert. Of Austin, LLC., et al, No. 20-1029 (April 21, 2022). The primary question in regulating off-premise signs differently than on-premise signs is whether such
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Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity

Texas Supreme Court holds the law requires more than conclusory references to the statute’s elements in order to waive immunity

Patrick Von Dohlen, et. al., v City of San Antonio, 20-0725 (Tex. April 1, 2022) This is a declaratory judgment – statutory cause of action case brought against the City of San Antonio (“City”) for violating Chapter 2400 of the Texas Government
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Search and Seizure, Sec. 1983

US 5th Circuit held officer entitled to qualified immunity due to suspects resisting placement in vehicle

Craig, et al. v. Martin, 19-10013, (5th Cir. Feb. 15, 2022) Special guest author: Joshua Galicia, Law Offices of Ryan Henry, PLLC This Fifth Circuit appeal stems from a series of §1983 claims, all of which were dismissed under the appellant’s motion
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Litigation, Official/Qualified Immunity, Sec. 1983

Fifth Circuit holds that there is no per se rule permitting pressure placed on a resisting suspect’s back and that reasonableness of use of force can change in a single interaction

Vicki Timpa, et al. v. Dustin Dillard, et al., 20-10876, 2021 WL 5915553 (5th Cir. Dec. 15, 2021) Special guest author Joshua Galicia This is a §1983 excessive force and bystander liability case appealed from the District Court of the Northern District
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