Contracts, Sovereign Immunity, TTCA

Amarillo Court of Appeals holds private company contracted to run city buses did not establish it was entitled to derivative immunity

Charles Brown v. Waco Transit System 07-16-00258-CV (Tex.App—- Amarillo, October 27, 2017)  The Amarillo Court of Appeals reversed an order granting a plea to the jurisdiction by the Waco Transit System, Inc. (“WTSI”). Brown alleges he suffered personal injuries while riding a
Read More

Constitutional Challenge, Declaratory Judgments, Eminent Domain, Injunction, Litigation, Procedure, Sovereign Immunity, Takings

Texas Supreme Court rules court of appeals has interlocutory jurisdiction for denied MSJ even though plea was denied months earlier

City of Magnolia 4A Economic Development Corporation and City of Magnolia 4B Community Development Corporation v. David Smedley, 16-0718 (Tex. October 27, 2017). This is a flooding case, however, the issue for the Supreme Court is a litigation procedural one. The Court
Read More

Employment Law, Retaliation

Three years between protected activity and failure to renew contract was too long to establish a causal connection in retaliation case.

Latasha Rose v. Houston Independent School District 14-16-00687-CV (Tex.App—Houston [Dist. 14] October 19, 2017) This is a retaliation in employment case where the 14th District Court of Appeals affirmed the dismissal of the Plaintiff’s claims. Rose was the Magnet Coordinator at HISD’s
Read More

Board of Adjustment, Declaratory Judgments, Injunction, Zoning

City’s letter advising of BOA decision was not “the decision filed in the board’s office” for purpose of BOA appeal deadlines under Chapter 211 says Austin Court of Appeals

  Lisa Risoli v. Board of Adjustment of the City of Wimberley, and the City of Wimberley  03-17-00385-CV (Tex.App—-Austin October 19, 2017) This is a board of adjustment appeal where the Austin Court of Appeals remanded the property owner’s claims back to
Read More

Litigation, Sovereign Immunity, TTCA

Under TTCA, the integral safety component doctrine turns on entity negligently providing personal property missing an integral safety component, not the non-use of property.

City of Houston v. Frank Gutkowski, Individually, Frank Gutkowski, as Representative for the Estate of Patricia Gutkowski, Deceased, Tammie Rene Gutkowski and Carl Gutkowski  14-17-00234-CV  (Tex. App—— Houston [14th Dist.], October 17, 2017) This is an interlocutory appeal from the denial of a
Read More

Litigation, Procedure, Sovereign Immunity, TTCA

Fort Worth Court of Appeals held trial court was within its discretion to allow Plaintiff time to replead and produce evidence in response to jurisdictional plea

City of Bedford v. Leah Smith 02-16-00436-CV (Tex. App—– Fort Worth, October 12, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving a pedestrian falling into a manhole where the Fort Worth Court of Appeals affirmed in part and reversed
Read More

Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Ultra Vires

Texarkana Court of Appeals holds the vote and decision not to vote on District business cannot be an ultra vires claim

Kilgore Independent School District, et al. v. Darlene Axberg, John Claude Axberg, Sheila Anderson, and the State of Texas 06-17-00060-CV (Tex.App— Texarkana, October 12, 2017) This is an appeal from the denial of a plea to the jurisdiction where property owners brought
Read More