Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure

Texas judge’s successfully reverse injunction in federal court regarding system for setting bail for indigent misdemeanors

ODonnell v. Harris County, et al.,  No. 18-20466 (5th  Cir. Aug. 14, 2018). Plaintiffs brought a class action against Harris County and numerous officials, including judges and hearing officers under §1983 asserting the system for setting bail for indigent misdemeanor arrests violates
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Agency, Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Procedure

City ordinance allowed to make additional criteria for dangerous animal determination says Amarillo Court of Appeals

Shannon Nicole Washer, et al. v. City of Borger, 07-16-00413-CV (Tex. App. – Amarillo, July 31, 2018). In this case the Amarillo Court of Appeals affirmed the dismissal of the Plaintiffs’ claims challenging the constitutionality of an animal control ordinance and a
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Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Discrimination, Employment Law, Injunction, Retaliation, Sovereign Immunity, Whistleblower

Sheriff’s deputy unable to sue for TCHRA, Whistleblower Act, and collective bargaining claims says Beaumont Court of Appeals

Jefferson County, Texas v. Cherisse Jackson, 09-17-00197-CV (Tex. App. – Beaumont, July 26, 2018). This is an interlocutory appeal from the denial of a plea to the jurisdiction in an employment suit where the Beaumont Court of Appeals reversed and dismissed the
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Constitutional Challenge, Discrimination, Employment Law, Official/Qualified Immunity

Employee failed to establish valid comparators in equal protection/employment discrimination case, so individuals entitled to qualified immunity says 5th Circuit

Mitchell v. Mills No. 17-40737 (5th Cir. July 13, 2018) This is an equal protection in employment case where the 5th Circuit held the individual defendant mayors were entitled to qualified immunity. Mills and Chartier were both mayors at different times during
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Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Mandamus, Procedure, Sovereign Immunity, Takings, Vested Rigths

City’s denial of plat application citing inconsistencies with “general plan” of city, without more, is insufficient and therefore vested rights are implicated

  The Village of Tiki Island, et al.  v. Premier Tierra Holdings Inc., 14-18-00014-CV (Tex. App. – Houston [14th Dist.], July 10, 2018) This is an interlocutory appeal in a land-use case were the 14th Court of Appeals affirmed the denial of
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Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Procedure, Separation of Powers, Sovereign Immunity

Texas Supreme Court holds county official removal statute is subject to Texas Citizens Participation Act and sovereign immunity is waived for attorney’s fees of losing party

State of Texas ex Rel. George Darrell Best v Paul Reed Harper, 16-0647, — S.W.3d – (Tex. July 29, 2018). This is a Texas Citizens Participation Act (“TPCA”) case where the Texas Supreme Court held a suit to remove a county official
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Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Takings

State trial court lacks jurisdiction over property dispute when U.S. government has a potential interest in the property

Rio Grande City Consolidated Independent School District v. City of Rio Grande, et al., 04-17-00346-CV (Tex. App. – San Antonio, June 27, 2018) In this property dispute, the San Antonio Court of Appeals affirmed-in-part and reversed-in-part a trial court’s order granting the
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Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Eminent Domain, Injunction, Land Use, Sovereign Immunity, Takings, Ultra Vires, Vested Rigths, Zoning

Zoning amendment was not retroactive and property owner had no vested interest in perpetual use of his property for a specific purpose says Dallas Court of Appeals

  Hinga Mbogo, et al. v. City of Dallas, et al. 05-17-00879-CV (Tex. App. – Dallas, June 19, 2018) This is an appeal from an order granting the City Defendants’ plea to the jurisdiction in a constitutional challenge to zoning laws. The
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