Annexation, Constitutional Challenge, Contracts, Declaratory Judgments, Land Use, Litigation, Procedure, Sovereign Immunity, Ultra Vires, Zoning

City’s jurisdictional plea denied in case asserting City’s development agreement equates to contract zoning

City of Shavano Park v. Ard Mor, Inc., et al, 04-14-00781-CV (Tex. App. – San Antonio, July 29, 2015) This is an interlocutory appeal from the denial of a plea to the jurisdiction involving a challenge to an adjacent development agreement and
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Declaratory Judgments, Elections, Mandamus

Texas Supreme Court holds once City Secretary certified referendum petition, City Council had ministerial duty to repeal or submit on election ballot regardless of forgery allegations

In Re Jared Woodfill et al, 14-0667 (Tex. July 24, 2015) This is a mandamus action to compel a referendum to repeal the City of Houston’s “equal rights ordinances” be placed on the November ballot. This dispute concerns the duties of the
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Annexation, Declaratory Judgments, Sovereign Immunity, Ultra Vires

Interpretation of ordinance involving boundaries between two cities is not a “political question” but a matter of statutory construction says Texas Supreme Court

City of Ingleside v City of Corpus Christi, 14-0548 (Tex. July 24, 2015) This declaratory-judgment action involves a boundary dispute between the City of Ingleside and the City of Corpus Christi over the scope of an ordinance establishing the adjacent bay waters’
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Declaratory Judgments, Employment Law, Retaliation

Plaintiff was aware of facts which would have led a reasonable person to inquire as to why she was not hired but waited until TWC deadline passed; court properly granted plea to the jurisdiction

Sheryl Taylor v. State of Texas and Texas Department of Criminal Justice 11-13-00207-CV (Tex. App. –Eastland, July 24, 2015) This is a retaliation case brought under the Texas Labor Code in which the Eastland Court of Appeals affirmed the granting of the
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Declaratory Judgments, Land Use, Litigation, Sovereign Immunity, Ultra Vires, Zoning

Association has standing to challenge validity of zoning change ordinance; Declaratory judgment actions do not intertwine jurisdiction with merits says Dallas Court of Appeals

  City Of Dallas and Larry Holmes, in his Official Capacity as Chief Building Official for the City of Dallas v. East Village Association, 05-14-01406-CV (Tex. App. –Dallas July 21, 2015. This is an interlocutory appeal from the denial of a plea
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Agency, Constitutional Challenge, Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

Texas Supreme Court creates new standard holding governmental regulations must be more than rationally related to governmental interest under Article I, § 19 of the Texas Constitution

ASHISH PATEL, et al  v. TEXAS DEPARTMENT OF LICENSING AND REGULATION, et al, 12-0657 (Tex. June 26, 2015) In this regulation case, the Texas Supreme Court held the Texas regulation for licensing of eyebrow threaders (the “Threaders”) is not rationally related to
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