Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Sovereign Immunity, TOMA, Ultra Vires

Former asst. chief’s claims dismissed after he was forced to resign; TOMA, Sabine Pilot, First Amendment, UDJA, etc.

Arnold Ochoa v. The City of Palmview, 13-14-00021-CV (Tex. App. – Corpus Christi, January 19, 2014) This is an interlocutory appeal from the granting of a plea to the jurisdiction in an employment context. Ochoa was an assistant police chief with the
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Constitutional Challenge, Declaratory Judgments, Litigation, Separation of Powers, Sovereign Immunity

13th Court of Appeals holds determination of City boundaries is a political question that courts have no jurisdiction to hear

CITY OF CORPUS CHRISTI, TEXAS v. CITY OF INGLESIDE, 13-13-00088-CV (Tex. App. – Corpus Christi, May 29, 2014). This is a dispute between two cities and their municipal boundaries where the definition of “shoreline” in their ordinances became critical. The trial court
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Constitutional Challenge, Health and Safety, Litigation, Nuisance, Public Works, Sovereign Immunity, Structural Standards, Takings

Appellant did not submit court records, so waived takings and structural standards appeal

Samuel T. Russell v. City of Dallas, 05-13-00061-CV (Tex. App. – Dallas, May 16, 2014). This is a substandard building case where Russell challenged the demolition of a building on his property and brought a takings claim against the City. The trial
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Constitutional Challenge, Litigation, Public Works, Sovereign Immunity, Takings, TTCA

City not liable for takings, but may be for proprietary acts causing electrical line fire says Austin Court of Appeals

The City of Austin d/b/a Austin Energy v. Liberty Mutual Insurance, et al  03-13-00551-CV (Tex. App. – Austin, May 16, 2014). This is an interlocutory appeal in an inverse-condemnation and TTCA case where the trial court denied the City’s Rule 91a motion
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Constitutional Challenge, Contracts, Litigation, Official/Qualified Immunity, Sec. 1983

Knowledge of contract term violations designed to prevent sexual assault does not equate to knowledge of constitutional violation

Doe v. Robertson, No. 13-50459 (5th Cir. May 6, 2014). This is an interlocutory appeal in a qualified immunity case. It arises from allegations by several female immigrants under 42 U.S.C. §1983 (5th and 8th Amendment claims) that they were sexually assaulted
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Constitutional Challenge, Eminent Domain, Litigation, Public Works, Sovereign Immunity, Takings

Fact question exists on whether City substantially knew increased development would cause flooding says 2nd Court of Appeals

The City of Keller v. Hall, et al, 02-12-00061-CV (Tex. App. – Fort Worth, May 1, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a flooding/inverse condemnation case. The Fort Worth Court of Appeals
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