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    • Joshua Galicia
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    • Brenna Green
    • Jessica Mabs Johnson
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    • Ashley S. Tello
    • Sharon Garces
    • Chandler Grace
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Category: Contracts

February 7, 2023Contracts, Declaratory Judgments, Sovereign Immunity

San Antonio Court of Appeals holds airport lease with City did not waive City’s immunity.

City of San Antonio v DHL Express, Inc., 04-22-00603-CV (Tex. App. – San Antonio, Jan. 25, 2023) This is a contractual immunity […]

August 29, 2022Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Employment Law, Litigation, Sovereign Immunity

Fourth Court of Appeals holds civil service employee established jurisdiction for denial of due process claim

City of Laredo  and City of Laredo Municipal Civil Service Commission v. Tony H. Moreno, 04-21-00413-CV, (Tex. App – San Antonio, Aug. […]

November 30, 2021Contracts

Contract limiting remedies to replace or replacement by the vendor preclude damages for repair or replacement by a third party for failed product.   

Special contributing author Laura Mueller, City Attorney for Dripping Springs New Braunfels I.S.D. v. FieldTurf USA Inc., No. 07-20-00308-CV (Tex. App.—Amarillo Nov. […]

November 28, 2021Contracts, Declaratory Judgments, Injunction, Land Use, Litigation, Sovereign Immunity

Dallas Court of Appeals holds commercial lease on property separated from airport was a proprietary function

City of Dallas v. Oxley Leasing North Loop, LLC, 05-21-00241-CV, (Tex. App – Dallas, Nov. 12, 2021) This is a breach of […]

November 3, 2021Contracts, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity, Takings, Ultra Vires, Vested Rigths

First Court of Appeals holds 380 development agreement was an agreement for goods and services (waiving immunity) but dismissed all other claims brought against the City by the developer

Town Park Center, LLC v. City of Sealy, Texas, Janice Whitehead, Mayor, Lloyd Merrell, City Manager and Warren Escovy, Assistant City Manager, […]

August 8, 2021Contracts, Employment Law, Litigation, Procedure, Sovereign Immunity

Since City’s plea to the jurisdiction only challenged non-jurisdictional facts, plea was property denied in breach of contract suit

  City of Del Rio v. Henry Arredondo, 04-20-00409-CV, (Tex. App – San Antonio, August 4, 2021) This is a breach of […]

May 26, 2021Contracts, Sovereign Immunity

Termination of as needed contract did not result in any damages under chapter 271, so no waiver of immunity exists

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Heath v. Robert Williamson d/b/a PCNETSYS, No. 05-20-00685-CV (Tex. App.—Dallas, […]

March 23, 2021Contracts, Litigation, Sovereign Immunity

Dallas Court of Appeals holds grading of land for sports facility is proprietary in specific situation with land lease

The City Carrollton, Texas v. Weir Brothers Contracting, LLC, 05-20-00714-CV (Tex App. – Dallas, March 22, 2021) This is a contractual immunity […]

February 25, 2021Constitutional 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 – […]

February 5, 2021Contracts, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity

Dallas Court of Appeals holds City waived immunity in lease agreement for use of soccer fields in exchange for upgrades and maintenance

City of McKinney, Texas v. KLA International Sports Management, LLC, 05-20-00659-CV, (Tex. App – Dallas, Feb. 4, 2021) This is a contractual […]

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