Constitutional Challenge, Contracts, Declaratory Judgments, Public Works, Sovereign Immunity

County’s immunity waived for both delay and disruption damages in breach of contract suit says 5th Court of Appeals

County of Galveston, Texas v. Triple B Services, LLP 01-15-00565-CV (Tex. App.- Houston[1st Dist.], May 26th 2016) This is a contractual immunity case involving a road construction project where the First District Court of Appeals affirmed-in-part and reversed-in-part the denial of a
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Constitutional Challenge, Eminent Domain, Mandamus, Public Works, Sovereign Immunity

Trial court properly declined to appoint condemnation commission before hearing plea to the jurisdiction says Texas Supreme Court

In Re Lazy W District No. 1. , 15-0117 (Tex. May 27, 2016) This original mandamus proceeding involves two governmental entities, one of which petitioned for condemnation of a water pipeline easement across the other’s land. The Tarrant Regional Water District (“the
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Declaratory Judgments, Health and Safety, Injunction, Structural Standards

Texas Supreme Court holds general law city cannot extend building codes into ETJ

Town of Lakewood Village v Bizios, 15-0106 (Tex. May 27, 2016) This is an interlocutory appeal from a temporary-injunction order regarding whether a Type A general-law municipality has authority to enforce its building codes and building-permit requirements within its extraterritorial jurisdiction (“ETJ”).
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Constitutional Challenge, Official/Qualified Immunity, Search and Seizure, Sec. 1983

Deputies entitled to qualified immunity, even though one testified his actions may be unconstitutional

Pratt v. Harris County 15-20080 (5th Circuit- May 3rd 2016) This is a §1983 excessive force case where the trial court granted the officer’s qualified immunity motions. The 5th Circuit affirmed. Pratt was involved in a minor traffic accident.  Upon arriving at
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