Attorney Fees, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Injunction, Litigation, Procedure, Ultra Vires

Amarillo Court of Appeals holds fire marshal’s office employs firefighters who are entitled to civil service protection

City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-20-00315-CV, (Tex. App – Amarillo, Nov. 18, 2021) This is a civil service case where the Amarillo Court of Appeals affirmed in part and reversed in part a
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Agency, Attorney Fees, Declaratory Judgments, Litigation, Sovereign Immunity, Uncategorized

San Antonio Court of Appeals holds city ethics commission properly ruled complainant’s filing was frivolous and could award sanctions

Lakshmana Viswanath v. The City of Laredo, 04-20-00152-CV (Tex. App. – San Antonio, April 14, 2021) This is an appeal from a city ethics commission determination where the San Antonio Court of Appeals affirmed the commission’s finding but reversed the award of
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Attorney Fees, Contracts, Litigation, Public Works

Attorney’s fees for breach of contract under Tex. Loc. Gov’t Code §271.153 valid only if equitable and just – denied for much smaller change order amount

Dowtech Specialty Contractors, Inc. v. City of Weinert, 11-18-00246-CV (Tex. App. – Eastland, September 25, 2020)(mem. op.). This is a breach of contract dispute where the Eastland Court of Appeals affirmed a trial court judgment awarding Dowtech a small amount of damages,
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Attorney Fees, Constitutional Challenge, Employment Law, Litigation, Sec. 1983

Attorney fees awards in favor of a defendant are not an abuse of discretion where the plaintiff does not make a prima facie case of his claims.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Carl Frederick Rickert, III v. Kayla S. Meade and City of Bonham, 06-02-00002-CV (Tex. App.—Texarkana, July 30) (mem. op.). In this § 1983 case on an attorney fees award, the Court of
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Attorney Fees, Constitutional Challenge, Contracts, Eminent Domain, Injunction, Land Use, Litigation, Procedure, Public Works, Sovereign Immunity, Takings

Fort Worth Court of Appeals analyzes the law-of-the-case doctrine and determines private property owners did not establish claims against a city regarding fee simple land ownership

City of Mansfield, et al., v Saverings, et al, 02-19-00174-CV (Tex. App. – Fort Worth, July 16, 2020) In this lengthy opinion, the Fort Worth Court of Appeals holds certain private property owners did not establish a right to declaratory relief regarding
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Attorney Fees, Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

14th Court of Appeals reverses jury award in excessive force case against County, but upholds portion against deputy

Harris County, et al, v Coats, et.al, 14-17-00732-CV, (Tex. App. — Houston [14th Dist.], February 6, 2020) This is a § 1983/wrongful death case where the 14th Court of Appeals reversed in part a jury award against the County and its deputy.
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Attorney Fees, Contracts, Litigation

Plaintiff ordered to pay attorney fees after non-suiting claims against individual governmental officials under Texas Citizens’ Participation Act

Shillinglaw v. Baylor Univ., 05-17-00498-CV, 2018 WL 3062451, at *1 (Tex. App.—Dallas June 21, 2018, no pet. h.) (mem. op). This is a Texas Citizens’ Participation Act ( “TCPA) case where the individual governmental officials were awarded fees and costs after the
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