Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, TOMA

Dallas Court of Appeals holds Plaintiffs failed to challenge all grounds on which dismissal could have been granted; therefore dismissal is affirmed

Chris Carter and Karen Pieroni v. Dallas City Plan Commission and City of Dallas, 05-20-00190-CV, (Tex. App – Dallas, March 1, 2021) This is a Confederate monument case where the Dallas Court of Appeals affirmed the granting of the City’s plea to
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Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Sovereign Immunity

13th Court of Appeals holds remainder of employment contract was consequential damages, not amounts due and owed, therefore no waiver of immunity exists for breach

Edinburg Housing Authority, Dr. Martin Castillo, Gabriel Salinas, Simon Garza, Marissa Chavana, and Juan Guzman v. Rodolfo Ramirez, 13-19-00269-CV, (Tex. App – Corpus Christi Feb. 25, 2021) This is an interlocutory appeal from the denial of a housing authority’s motion to dismiss
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Agency, Constitutional Challenge, Litigation, Sec. 1983, Takings

U.S. 5th Circuit holds property owner’s federal Clean Water Act claim against Town for improper discharge was proper due to lack of comparable state regulation

Stringer v. Town of Jonesboro, 20-30192 (5th Cir. Jan. 18, 2021) In this §1983 taking suit and federal Clean Water Act (“CWA”) case, the U.S. 5th Circuit held the Plaintiff’s §1983 suit for damages due to sewage backup was barred, but not
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Sec. 1983, Sovereign Immunity, TTCA

Beaumont Court of Appeals holds City is not liable for alleged failure to create a police report, failure to investigate, or failure to prosecute as asserted by Plaintiff

Caryn Suzann Cain v. City of Conroe, Tex., et al., 09-19-00246-CV, 2020 WL 6929401 (Tex. App.—Beaumont Nov. 25, 2020)  This is an interlocutory appeal from the trial court’s order granting the City’s motion to dismiss, plea to the jurisdiction, and traditional motion
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Constitutional Challenge, Contracts, Nuisance, Public Works, Sovereign Immunity, Takings, TTCA

Tyler Court of Appeals holds District is immune from sewer backup as 20 year old plastic coupler which failed was not part of the motor system

Sean Self v. West Cedar Creek Municipal Utility District, 12-20-00082-CV, (Tex. App – Tyler, Jan. 6, 2021) This is an appeal from the granting of a plea to the jurisdiction in a sewage backup case in which the Tyler Court of Appeals
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Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Preemption, Public Works

Second Court of Appeals holds general law city has inherent power to require solid waste haulers to obtain a license

Builder Recovery Services LLC v. The Town of Westlake, Texas, 02-20-00051-CV,  (Tex. App. – Fort Worth, Jan. 1, 2021)(mem. op.). This is a declaratory judgment/ordinance invalidation suit brought by a solid waste collector where the Fort Worth Court of Appeals affirmed the
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Constitutional Challenge, Contracts, Declaratory Judgments, Litigation, Sovereign Immunity

The Tenth Court of Appeals held immunity waived for airport lease based on improvements made by tenant

  Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Cleburne v. RT General, LLC, No. 10-20-00037-CV (Tex. App.—Waco  December 16, 2020) (mem. op.). This is an interlocutory appeal from a trial court denial of the city’s plea to
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Religious Freedom

Third Court of Appeals holds church’s motion for new trial in water rate EDJA case held valid given unique and troubling circumstances in case

City of Magnolia v Magnolia Bible Church, et al., 03-19-00631-CV (Tex. App. – Austin, Dec. 18, 2020) This is an interlocutory appeal from an order granting a new trial and denying a plea to the jurisdiction in a water rate case in
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Constitutional Challenge, Employment Law, Litigation, Retaliation, Sec. 1983, Whistleblower

The Ninth Court of Appeals affirmed judgment for City in First Amendment/Whistleblower claims since no causal connection was present

Special contributing author Laura Mueller, City Attorney for Dripping Springs Samer Shobassy v. City of Port Arthur, No. 09-18-00363-CV (Tex. App.—Port Arthur  November 19, 2020) (mem. op.). In this appeal from a trial court’s judgment dismissing the plaintiff’s retaliation-in-employment case.  The Beaumont
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Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Preemption, Procedure, Separation of Powers, Ultra Vires

El Paso Court of Appeals held Governor’s executive orders control over county judge order in the event of conflicts

State of Texas, et al v. El Paso County, Texas, et al., 08-20-00226-CV (Tex. App. – El Paso, Nov. 13, 2020). This is an interlocutory appeal from the denial of the temporary injunction involving a conflict between the county judge’s executive order
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