Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Sovereign Immunity

Austin Court of Appeals holds Austin’s short-term rental regulations unconstitutional (assembly clause also declared fundamental right entitled to strict scrutiny)

  Ahmad Zaatari v City of Austin, 03-17-00812-CV (Tex. App. —  Austin, Nov. 27, 2019). This is a dispute regarding the City of Austin’s regulation on short-term rental properties. The Austin Court of Appeals reversed-in-part and affirmed-in-part the City’s plea to the
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Constitutional Challenge, Declaratory Judgments, Discrimination, Employment Law, Injunction, Litigation, Procedure, Retaliation, Sovereign Immunity

Firefighter’s claims against City dismissed since no adverse employment actions occurred; only minor internal decisions

Billy Fratus v. The City of Beaumont, 09-18-00294-CV (Tex. App. – Beaumont, Oct. 10, 2019). This is an employment discrimination/retaliation/firefighter case where the Beaumont Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Fratus was a firefighter who
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Agency, Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Injunction, Litigation, Sovereign Immunity, TOMA

Beaumont Court of Appeals holds firefighter’s last-chance agreement in collective bargaining city deprived trial court of jurisdiction to hear appeal of indefinite suspension

  Michael Scott Nix v. City of Beaumont, 09-18-00407-CV (Tex. App. -Beaumont – Oct. 3, 2019)\ This is an interlocutory appeal in a firefighter suspension case where the Beaumont Court of Appeals affirmed the granting of the City’s plea to the jurisdiction.
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Injunction, Litigation, Procedure, Sovereign Immunity

Since interlocutory appeal by individual officials stayed proceedings, trial court had no authority to grant or deny City’s plea to the jurisdiction

City of Brownsville, et al.,  v. Brownsville GMS, 13-19-00467-CV (Tex.App. – Corpus Christi, September 27, 2019). This is a governmental immunity/contract case where a temporary injunction was sought.  The Corpus Christi court out of Edinburg held the trial court’s failure to rule
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Board of Adjustment, Declaratory Judgments, Injunction, Land Use, Litigation, Zoning

Fort Worth Court of Appeals holds injunctive relief not available to stop enforcement of ordinance regulating gas/oil production

The Town of Flower Mound, Texas, et al.  v. EagleRidge Operating, LLC, 02-18-00392-CV, (Fort Worth, Aug. 22, 2019) This is an interlocutor appeal in a temporary injunction case where the Fort Worth Court of Appeals held the zoning restriction on oil/gas equipment
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Constitutional Challenge, Declaratory Judgments, Injunction, Sovereign Immunity, Ultra Vires, Uncategorized

Developer properly pleaded claims County failed to maintain roadways, Fort Worth Court of Appeals says

Wise County, et al v. Katherine Mastropiero,  02-18-00378-CV (Tex. App. – Fort Worth, August 9, 2019) In this case, the Fort Worth Court of Appeals held that the district court had jurisdiction to hear a property owner’s claims the County must maintain
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Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, TTCA, Ultra Vires

Eastland Court of Appeals holds erroneously calling the police is a discretionary act exempting employees from ultra vires claims

The University of Texas of the Permian Basin et al. v. Michael Banzhoff, 11-17-00325-CV (Tex. App. – Eastland, May 31, 2019). This is an ultra vires and abuse of process case where there Eastland Court of Appeals held the University of Texas
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Agency, Contracts, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Texas Supreme Court holds navigation district retains immunity from suit by State, but ultra vires claims against commissioners can proceed to trial

Chambers-Liberty Counties Navigation District, et al. vs. State of Texas, 17-0365 (Tex. May 10, 2019) This is an interlocutory appeal in a sovereign immunity/regulatory control case where the Texas Supreme Court held the Chambers-Liberty Counties Navigation District (“District”) retained immunity from suit
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Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Takings

Texas Supreme Court holds plaintiff in red-light challenge lawsuit was required to exhaust administrative remedies before filing for injunctive relief

Garcia v City of Willis, et al., 17-0713 (Tex. May 3, 2019) In this constitutional challenge to red-light camera case, the Texas Supreme Court held the plaintiff was required to exhaust administrative remedies before bringing his constitutional-takings claim. Luis Garcia sued the
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