Litigation, Sovereign Immunity, TTCA

In police pursuit case, Texas Supreme Court holds 1) deviation from policy waives immunity only if lights or sirens are required, 2) officer exceeding the speed limit is part and parcel of a police chase and not not inherently reckless and 3) no independent waiver of immunity for negligent implementation of policy

  City of San Antonio v Maspero, et al. 19-1144 (Tex. Feb. 18, 2022) This is a Texas Tort Claims Act (“TTCA”) vehicle accident case where the Texas Supreme Court dismissed the Plaintiffs’ claims for lack of jurisdiction. Plaintiffs contend that their
Read More

Litigation, Procedure, Sovereign Immunity, TTCA

The emergency exception to the Tort Claims not grounds for jurisdictional plea when factual disputes exist regarding an officer’s recklessness

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Houston v. Crystal Green, No. 14-20-00190-CV (Tex. App.—Houston [14th Dist.] Jan. 11, 2022) (mem. op.). In this appeal from a trial court’s denial of the city’s motion for summary judgment,
Read More

Agency, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Procedure

Fort Worth Court of Appeals affirms trial court’s authority under Civil Service Act to vacate a hearing examiner award, remand for a rehearing, and require a separate hearing examiner

Shea O’Neill v. City of Fort Worth, 02-21-00214-CV (Tex. App. – Fort Worth, Feb 3, 2022) This is a civil service case (which has already gone up and down the appellate ladder) where the Fort Worth Court of Appeals affirmed the trial
Read More

Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

14th Court of Appeals holds officer was not entitled to official immunity – proper focus is on the actions which caused the plaintiff’s injury, not on the overall investigation the officer was performing

Nicholas Hulick v. City of Houston, 14-20-00424-CV  (Tex. App. Houston [14th Dist.], Feb. 1, 2022) This is a Texas Tort Claims Act (“TTCA”)/ vehicle accident case where the Fourteenth District reversed the granting of the City’s plea to the jurisdiction based on
Read More

Agency, Board of Adjustment, Declaratory Judgments, Injunction, Litigation, Procedure, Zoning

Lubbock Court of Appeals affirmed board of adjustment condition to re-evaluate variance request after a set number of years

MVP Raider Park Garage, LLC. V Zoning Board of Adjustment of City of Lubbock, et al, 07-20-00261-CV (Tex. App. – Lubbock, Jan. 12, 2022) This is a board of adjustment case where the Lubbock Court of Appeals affirmed the BOA’s denial of
Read More

ADA, Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea to the jurisdiction.

A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea to the jurisdiction. Special contributing author Laura Mueller, City Attorney for Dripping Springs Edinburg Consol. Ind. Sch. Dist. V. Ayala,
Read More

Litigation, Mandamus

13th Court of Appeals grants mandamus relief to TxDOT – allowed TxDOT to withhold from discovery skid mark and other highway safety statistics

In re Texas Department of Transportation, 13-21-00214-CV  (Tex. App. – Corpus Christi, Dec. 9, 2021) In this mandamus action, the 13th Court of Appeals conditionally granted the writ, noting federal law made certain information regarding highway safety data privileged and exempt from
Read More

Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Takings, Vested Rigths, Zoning

Fort Worth Court of Appeals holds Plaintiffs properly plead constitutional challenges to City’s short-term rental ordinance

  City of Grapevine v. Ludmilla B. Muns, et al, 02-19-00257-CV (Tex. App. – Fort Worth, Dec. 23, 2021) This is an opinion on rehearing where the Fort Worth Court of Appeals reversed in part and affirmed in part the trial court’s
Read More