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    • Joshua Galicia
    • Alyssa J. Castillon
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    • Sonya Herrera
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    • Charles Willette, Jr.
    • Brenna Green
    • Jessica Mabs Johnson
    • Elizabeth Parra-Cox
    • Ashley S. Tello
    • Sharon Garces
    • Chandler Grace
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Category: Declaratory Judgments

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 […]

January 26, 2023Declaratory Judgments, Employment Law, Injunction, Litigation

13th Court of Appeals holds former municipal court judge failed to establish right to injunction to prevent his removal

Phil Bellamy v. The City of Brownsville, et al, 13-22-00087-CV (Tex. App. – Corpus Christi, January 26, 2023) This is an interlocutory […]

August 24, 2022Agency, Declaratory Judgments, Injunction

San Antonio Court of Appeals reforms judgement for attorney fees awarded against a complainant for filing a frivolous ethics complaint

Lakshmana Viswanath v. The City of Laredo, 04-21-00413-CV (Tex. App. – San Antonio, Aug. 24, 2022). This is the second appeal arising […]

August 20, 2022Agency, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity

Amarillo Court of Appeals holds AG had no jurisdiction to enforce specific gun sign against county

Waller County, Texas, et al. v. Ken Paxton, Texas Attorney General (Tex. App. — Amarillo, August 17, 2022) Ken Paxton, Attorney General […]

June 30, 2022Declaratory Judgments, Elections

San Antonio Court of Appeals holds home-rule City can change elections from November to May

City of Floresville, et al v. Nick Nissen, et al., 04-21-00042-CV (Tex. App. – San Antonio, June 29, 2022) In this case […]

June 16, 2022Declaratory Judgments, Mandamus, Sovereign Immunity, Ultra Vires

P&Z members immune from ultra vires actions from third parties in plat approval/denial proceedings

Josh Schroeder, et al. V Escalera Ranch Owners’ Association, Inc., No. 20-0855 (Tex. June 3, 2022) In this case, the Texas Supreme […]

May 24, 2022Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Land Use, Public Works, Sovereign Immunity, Takings

Texas Supreme Court holds city’s civil-enforcement of utility payment ordinance was not an unconstitutional taking

  City of Baytown v Alan Schrock, 20-0309 (Tex. May 13, 2022)  In this takings case, the Texas Supreme Court held the […]

May 24, 2022Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Sovereign Immunity, Takings

Texas Supreme Court holds general-law cities cannot impose a revenue-based licensing fee for construction trash haulers

  Builder Recovery Services, LLC v. The Town of Westlake, Texas, 21-0173, (Tex, May 20, 2022)  In this case, the Texas Supreme […]

May 11, 2022Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Sovereign Immunity, Takings

First District Court of Appeals holds property owner could not bring a takings claim based on judicial order regarding substandard building

Jaime Jaramillo v. The City of Texas City, 01-20-00654-CV, (Tex. App.—Houston [1st Dist.], Feb. 8, 2022, no pet. h.) (mem. op.). This […]

May 4, 2022Constitutional Challenge, Declaratory Judgments, Land Use, Sec. 1983, Sign Regulation

U.S. Supreme Court holds Austin on-premise/off-premise sign regulation is content neutral

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Austin, Texas v. Reagan Nat’l Advert. Of Austin, LLC., et […]

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