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Category: Constitutional Challenge

Constitutional Challenge, Nuisance, Takings

Order to vacate for public safety equates to “public use” for takings analysis says 14th Court of Appeals.

May 4, 2013rhenry12598Leave a comment

Carleson, et al v City of Houston, NO. 14-12-00099-CV (Tex. App – Houston [14th Dist.] May 2, 2013). Plaintiffs owns several condominiums which the City determined were unsafe for habitation and which did not have certificates of occupancy (“C/O”).  After providing a
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Constitutional Challenge, Litigation, Nuisance, Search and Seizure

City not liable for emergency demolition of building; determination of “emergency” entitled to deference.

May 3, 2013rhenry12598Leave a comment

RBII,L.P. v City of San Antonio, No. 11–50626 (5th Cir. April 23, 2013). This is a structural standards case where the City of San Antonio demolished a substandard building but failed to provide notice within a specified time period.  Due to the
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Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Sovereign Immunity

Professor loses in federal court due to pleading deficencies

May 1, 2013rhenry12598Leave a comment

Raj v Louisiana State University, et al, No. 12-30225, (5th Cir. April 19, 2013). Rai was a professor of biochemistry and obstetrics and gynecology at Louisiana State University (“LSU”) and brought claims for discrimination based on his race, religion, national origin, age,
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Constitutional Challenge, Nuisance, Public Works, Sovereign Immunity, Takings

City possibly liable for flooding due to development

May 1, 2013rhenry12598Leave a comment

The City of Austin v GHI Investments, LLC f/k/a GHI Partners, LLC, 03-12-00189-CV (Tex. App. – Austin April 30, 2013). This is an interlocutory appeal from the denial of the plea to the jurisdiction relating to inverse condemnation claims for flooding (takings
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Constitutional Challenge, Declaratory Judgments, Land Use

Federal judge writes with humor in denying SOB injunction.

April 30, 2013rhenry12598Leave a comment

35 Bar and Grill, et al v City of San Antonio, SA-13-CA-34-FB, U.S. District Court, Western District of Texas, San Antonio Division, April 29, 2013). Normally this appellate update is focused on appellate cases once opinions are issued. However, this U.S. District
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Constitutional Challenge, Search and Seizure

U.S. Supreme Court holds warrantless blood draws invalid absent special exigent factors

April 20, 2013rhenry12598Leave a comment

Missouri v McNeely, 569 U. S. ____ , No. 11–1425, Slip op. (April 17, 2013) This is a U.S. Supreme Court case holding that metabolizing of alcohol is not a per se exigency that justifies a warrantless blood draw.  In this multi-concurring
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Constitutional Challenge, Declaratory Judgments, Sovereign Immunity

No golf carts permitted from the Park and Ride.

April 19, 2013rhenry12598Leave a comment

Odutayo d/b/a Samaritan Park and Ride v City of Houston NO. 01-12-00132-CV (Tex. App. – Houston [1st Dist] April 18, 2013). Odutayo leases parking spaces and golf carts to customers attending Reliant Stadium.   In 2011 a golf cart driver was ticketed citing
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  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call
  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims
  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated

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  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call

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