Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Procedure, Religious Freedom, Sec. 1983, TOMA

City immune from claims it misapplied its own ordinances or procedures, but not for TOMA claims

  Peter Schmitz, et al v. Town of Ponder, Texas, et al. 02-16-00114-CV, (Tex. App. – Fort Worth, May 10, 2018). This is a substituted opinion. Summary of original opinion found here. This is an appeal from a final judgment against the
Read More

Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Procedure, Vested Rigths

Trial court abused its discretion in awarding attorney’s fees to City in vested rights and declaratory judgment case

Patsy B. Anderton, et al. v. City of Cedar Hill, 05-17-00138-CV (Tex. App. – Dallas, May 25, 2018) The Dallas Court of Appeals affirmed-in-part and reversed-in-part a judgment for the City of Cedar Hill (“City”) in a case involving a non-conforming use
Read More

Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. Supreme Court holds officer entitled to qualified immunity after shooting woman walking towards roommate with a large knife

Kisela v. Hughe, 17-467, 584 U.S. – (April 2, 2018). This is an excessive force/qualified immunity case where the U.S. Supreme Court reversed the denial of the officer’s qualified immunity. Tucson police officer Kisela and two other officers had arrived on the
Read More

Constitutional Challenge, Employment Law, Litigation, Procedure

Since University policies did not address non-tenured professor’s situation, she was deemed an “at-will” employee with no entitlement to due process

Lawrence Schovanec, as President of Texas Tech University, and Texas Tech University v. Fariba Assadi-Porter, 07-17-00426-CV (Tex. App. – Amarillo, March 20, 2018) This is a due process in employment case where the Amarillo Court of Appeals reversed the denial of the
Read More

Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Sign Regulation

County must sue AG, not individual concealed handgun license holder, in dispute over courthouse sign says 1st District Court of Appeals

  Terry Holcomb, Sr. v. Waller County, 01-16-01005-CV, (Tex. App. – Houston [1st Dist.], March 15, 2018) This is a concealed handgun/courthouse civil suit where the First District Court of Appeals reversed a declaratory judgment for the County. The Waller County Courthouse
Read More

Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Search and Seizure, Sec. 1983

U.S. Supreme Court holds officers at scene were not required to belief innocent explanations of suspects given circumstances – probable cause therefore exists for arrests.

District of Columbia, et al. v Wesby, et al, No. 15–1485., — U.S. – (January 22, 2018). This is an unconstitutional false arrest case where the U.S. Supreme Court determined the officers on the scene had probable cause to make arrests of
Read More

Constitutional Challenge, Litigation, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit remands excessive force case holding fact question exists as to whether suspect who died during arrest was resisting or not

Darden v. City of Fort Worth, 16-11244, — F3d. –, 2018 WL 525640 (5th Circ. January 24, 2018) This is a §1983/excessive force/ wrongful death case where the U.S. 5th Circuit Court of Appeals reversed a trial court order granting the officers’
Read More

Constitutional Challenge, Declaratory Judgments, Land Use, Tax

Water District property entitled to tax exempt status even though District rents to private business on river front

Tarrant Appraisal District v. Tarrant Regional Water District 02-17-00042-CV (Tex. App— Fort Worth, January 25, 2018) The Tarrant Appraisal District (“TAD”) asserted part of the property owned by the Tarrant Regional Water District (“TRWD”) was not “used for public purposes” and therefore
Read More

Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Procedure, Sovereign Immunity, Ultra Vires

Dallas Court of Appeals disagrees with El Paso Court of Appeals and holds civil service commission dismissal of grievance is still subject to appeal to district court

Rodney D. Bailey v. Dallas County, et al.,  05-16-00789-CV (Tex. App. – Dallas, December 21, 2017) This is a county civil service case where the Dallas Court of Appeals affirmed-in-part and reversed-in-part the County Defendants’ plea to the jurisdiction filed in a
Read More