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, 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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Declaratory Judgments, Injunction, Official/Qualified Immunity, Religious Freedom, Sec. 1983, Sovereign Immunity

U.S. 5th Circuit adopts 1st Amendment unbridled discretion/prior-restraint standards in federal suit against Texas Governor

Freedom from Religion Foundation, Inc. v. Greg Abbott Governor of the State of Texas, 18-50610, (5th Cir – April 3, 2020) This is a First Amendment case regarding immunity and viewpoint discrimination where the U.S. 5th Circuit adopted a specific prior restraint
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Declaratory Judgments, Finance, Injunction, Litigation, Sovereign Immunity

Fort Worth Court of Appeals holds no waiver of immunity for declaratory judgment relief against county for competitive bidding violation

Tarrant County, Texas v. Jeffrey D. Lerner, 02-19-00330-CV, (Tex. App – Fort Worth, Jan. 9, 2020) This is a declaratory judgment/immunity case where the Fort Worth Court of Appeals held the County retained immunity for declaratory claims alleging violations of the competitive
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Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity, TOMA, Whistleblower

Texas Supreme Court holds no-evidence MSJ proper to challenge jurisdiction; TOMA waiver of immunity does not include declaratory judgment claims

Town of Shady Shores v Swanson, 18-0413 (Tex. Dec. 13, 2019) This is an employment case, but the focus on the opinion is a procedural one.  Importantly, the Texas Supreme Court held 1) a no-evidence motion for summary judgment was proper to
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