Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds immunity is waived for deputy’s re-positioning of patrol vehicle causing lights to hit oncoming traffic

RYDER INTEGRATED LOGISTICS, INC. v. FAYETTE COUNTY, TEXAS, 13-0968 (Tex. February 6, 2015) This is a Texas Tort Claims Act (“TTCA”) case involving a motor vehicle collision of two eighteen-wheelers and involves the interpretation of Tex. Civ. Prac. & Rem. Code §101.021(1)(a)(i.e.
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Agency, Land Use, Uncategorized, Zoning

U.S. Supreme Court holds Telecommunications Act does not require reasons for denial of permit in any particular form, but does require they be issued at same time as notice letter

T-Mobile South, LLC v. City of Roswell, 13-975 (January 14, 2015). This is a Telecommunication Act case where the City of Roswell, Georgia denied an application to build a cell tower on residential property but failed to specify the grounds in its
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Constitutional Challenge, Employment Law, Retaliation, Sec. 1983

Sgt. “rant” on Facebook about Chief was not speaking about matter of public concern, so no First Amendment protection says 5th Circuit.

Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015). This is a First Amendment employment retaliation case where the 5th Circuit affirmed the granting of the City’s summary judgment motion. Graziosi was a sergeant of 25 years with
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Contracts, Public Works, Sovereign Immunity

Commission is mere funding conduit and not recipient of “goods or services” under disaster relief contract; warranty and indemnity clause does not alter status

South East Texas Regional Planning Commission v. Byrdson Services, LLC, d/b/a Excello Construction, LLC, 09-14-00198-CV (Tex. App. – Beaumont, January 22, 2015). This is an interlocutory appeal from the denial of a plea to the jurisdiction in which the Beaumont Court of
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Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Procedure, Sign Regulation, Takings

Changing tri-display billboard to LED billboard is a reconstruction and not merely a change in “electrical wiring or devices” so required a permit

Garrett Operators, Inc. v. City of Houston, 01-13-00767-CV (Tex. App. – Houston [1st Dist.], January 22, 2015) Garrett Operators, Inc. (“Garrett”) filed a declaratory judgment action against the City of Houston (“the City”) regarding the application and interpretation of the City’s Sign
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Discrimination, Employment Law, Litigation, Procedure, Retaliation

Ex-employee must pay attorney’s fees for frivolous discrimination claims; no adverse employment action occurred and law is clear supervisors are not liable

Tammy Anderson v. Houston Community College System, 01-14-00062-CV (Tex. App. – Houston [1st Dist.], January 13, 2015) This is a discrimination/retaliation case under the Texas Commission on Human Rights Act (“TCHRA”) where the court of appeals affirmed the granting of MSJs for
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