Constitutional Challenge, Declaratory Judgments, Injunction, Sec. 1983, Sovereign Immunity

Fort Worth Court of Appeals holds trial court lacked jurisdiction involving school district’s disciplinary decision

This is an interlocutory appeal from the denial of a plea to the jurisdiction filed by Northwest Independent School District. Plaintiffs sued Northwest ISD on behalf of their minor child, C.R., seeking a temporary restraining order and injunctive relief based on the
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure

Corpus Christi Court of Appeals held that a plaintiff does not have standing to bring suit, or merit a temporary injunction, where the plaintiff has not alleged an injury distinct from the public at large.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Concerned Citizens of Palm Valley, Inc. v. City of Palm Valley, 13-20-00006-CV (Tex. App.—Corpus Christi, August 13, 2020) (mem.op.). In this taxpayer suit, the plaintiffs allege that the City is spending money
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity

Fourth Court of Appeals holds no jurisdiction exists for ex-councilmember to sue after office was declared forfeit for charter violations – quo warranto is exclusive remedy

City of Leon Valley v Martinez, 04-19-00879-CV (Tex. App. — San Antonio, August 19, 2020) This is a suit by an ousted city council member to recover his position. The San Antonino Court of Appeals held the exclusive remedy in this situation
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Constitutional Challenge, Declaratory Judgments, Health and Safety, Sec. 1983, Sovereign Immunity, Takings

Waco Court of Appeals holds an allegation of overzealous code enforcement actions is inadequate to establish a substantive due process violation when regulations are enforceable.

Special contributing author Laura Mueller, City Attorney for Dripping Springs House of Praise Ministries, Inc. v. City of Red Oak, Texas, 10-19-00195-CV (Tex. App.—Waco, Aug. 6, 2020). In this substantive due process case, the Waco Court of Appeals affirmed a trial court’s
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Attorney Fees, Constitutional Challenge, Employment Law, Litigation, Sec. 1983

Attorney fees awards in favor of a defendant are not an abuse of discretion where the plaintiff does not make a prima facie case of his claims.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Carl Frederick Rickert, III v. Kayla S. Meade and City of Bonham, 06-02-00002-CV (Tex. App.—Texarkana, July 30) (mem. op.). In this § 1983 case on an attorney fees award, the Court of
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Constitutional Challenge, Declaratory Judgments, Injunction, Sec. 1983, Separation of Powers

U.S. 5th Circuit holds a board reprimand against an elected official for speech on a matter of public concern is an actionable First Amendment claim under § 1983.

  Wilson v. Houston Community College System, 19-20237 (U.S. 5th Cir. April 7, 2020) This is a First Amendment/§1983 case where a former member of the board of trustees claimed the College censured him in violation of his First Amendment Rights. The
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Attorney Fees, Constitutional Challenge, Contracts, Eminent Domain, Injunction, Land Use, Litigation, Procedure, Public Works, Sovereign Immunity, Takings

Fort Worth Court of Appeals analyzes the law-of-the-case doctrine and determines private property owners did not establish claims against a city regarding fee simple land ownership

City of Mansfield, et al., v Saverings, et al, 02-19-00174-CV (Tex. App. – Fort Worth, July 16, 2020) In this lengthy opinion, the Fort Worth Court of Appeals holds certain private property owners did not establish a right to declaratory relief regarding
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Agency, Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Procedure, Sec. 1983, Sovereign Immunity, Structural Standards, Tax, TOMA, Zoning

BOA appeal deadline of 10 days applies to Open Meetings, declaratory judgment, and as-applied constitutional claims, holds Dallas Court of Appeals

Tejas Motel, LLC v City of Mesquite, by and through its Board of Adjustment, 05-19-00667-CV (Tex. Civ. App. – Dallas, June 4, 2020). This is an appeal from a Board of Adjustment decision regarding non-conforming status in which the Dallas Court of
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Constitutional Challenge, Sec. 1983

U.S. 5th Circuit holds statute of limitations was not jurisdictional, but trial judge should have reviewed matters raised at pretrial hearing under MSJ standards and dismissed the claims

Bradley v. Sheriff’s Department St. Landry Parish, 18-30600, (US 5th Cir – May 7, 2020) This is a §1983/malicious prosecution case where the U.S. 5th Circuit dismissed a defendant’s claims against the law enforcement and related officials who prosecuted him. Bradley was
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Constitutional Challenge, Eminent Domain, Litigation, Sovereign Immunity, Takings

Eastland Court of Appeals holds conclusory statements in pleadings insufficient to plead jurisdiction – facts are needed to establish City had intent to commit a taking

  City of Albany v. Diana Christine Blue and Elva Rae Sanders, 11-18-00051-CV, (Tex. App – Eastland, April 2, 2020) This is an interlocutory appeal in a nuisance and inverse condemnation case where the Eastland court of appeals reversed the denial of
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