Chin Wu v City of San Antonio, No. 04-10-00836-CV (Tex. Civ. App. – San Antonio August 14, 2013) This is a dangerous structure/takings opinion out of the San Antonio Court of Appeals. This opinion withdrew the prior opinion issued on March 6,
Read More
Morgan v. Plano Independent School District, No. 12-40493 (5th Cir. July 26, 2013) This is a Texas Religious Freedom Restoration Act (“TRFRA”) case against the Plano Independent School District. Plano ISD argued that TRFRA’s pre-suit notice requirement is a jurisdictional prerequisite to
Read More
Villas at Parkside Partners v. City of Farmers Branch, Texas No. 10-10751 (5th Cir. July 22, 2013) This is a consolidated appeal heard en banc with the central issue being whether municipal ordinances restricting rental housing based on immigration status is
Read More
Sampson v Tex. Dept. Public Safety et al, NO. 09-12-00537-CV (Tex. App. Beaumont, July 11, 2013). This is a §1983 and state tort claim case arising from an arrest but dismissal for marihuana. Sampson was arrested after a search of his vehicle
Read More
Miller et. al v Jefferson County, NO. 03-11-00521-CV, (Tex. App. – Austin, July 11, 2013). Miller et. al v Jefferson County Drainage District No. 6, et al, NO. 03-11-00817-CV (Tex. App. – Austin, July 11, 2013). In these two related appeals, the
Read More
Houston Independent School District v. Rose, 01-13-00018-CV (Tex. App. – Houston [1st Dist.] July 2, 2013). This is a failure to exhaust administrative remedies case which deprives the trial court of subject matter jurisdiction. The court’s analysis is important to consider when
Read More
While not of paramount importance to civil general counsel for governmental entities like City Attorneys (except for perhaps Shelby County), the below cases may be of interest to some cities. They are in summation form which is smaller than usual as only
Read More
Koontz v. St. Johns River Water Management Dist., No. 11-1447 (June 25, 2013) The United States Supreme Court heard this takings/exactions case where a water management district was held liable for requiring certain dedications and property in exchange for a permit, but
Read More
Finance Commission of Texas v Norwood, et al., No. 10-0121 (Tex. June 21, 2013). This is not exactly a city related case, but the legal analysis of how the Texas Constitution can be unconstitutional with itself is an interesting analysis which should
Read More
Wyatt v. Fletcher No. 11-41359 (5th Cir. May 31, 2013). This is essentially a privacy claim for information known to the entity and released to the parent. For cities which have programs, community centers, and other situations where information about minors is
Read More