Declaratory Judgments, Injunction, Litigation, Procedure, Ultra Vires

trial court properly awarded attorney’s fees to school district as plaintiffs should have reasonably known the individual officials were absolutely immune

Farr et. al. v Arlington ISD, 02-17-00196-CV (Tex. App. – Fort Worth, July 19, 2018) In this asserted ultra vires case, the Fort Worth Court of Appeals affirmed the granting of the school district defendants’ plea to the jurisdiction. The Plaintiffs comprise
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Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Mandamus, Procedure, Sovereign Immunity, Takings, Vested Rigths

City’s denial of plat application citing inconsistencies with “general plan” of city, without more, is insufficient and therefore vested rights are implicated

  The Village of Tiki Island, et al.  v. Premier Tierra Holdings Inc., 14-18-00014-CV (Tex. App. – Houston [14th Dist.], July 10, 2018) This is an interlocutory appeal in a land-use case were the 14th Court of Appeals affirmed the denial of
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Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Procedure, Separation of Powers, Sovereign Immunity

Texas Supreme Court holds county official removal statute is subject to Texas Citizens Participation Act and sovereign immunity is waived for attorney’s fees of losing party

State of Texas ex Rel. George Darrell Best v Paul Reed Harper, 16-0647, — S.W.3d – (Tex. July 29, 2018). This is a Texas Citizens Participation Act (“TPCA”) case where the Texas Supreme Court held a suit to remove a county official
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Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Takings

State trial court lacks jurisdiction over property dispute when U.S. government has a potential interest in the property

Rio Grande City Consolidated Independent School District v. City of Rio Grande, et al., 04-17-00346-CV (Tex. App. – San Antonio, June 27, 2018) In this property dispute, the San Antonio Court of Appeals affirmed-in-part and reversed-in-part a trial court’s order granting the
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Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Eminent Domain, Injunction, Land Use, Sovereign Immunity, Takings, Ultra Vires, Vested Rigths, Zoning

Zoning amendment was not retroactive and property owner had no vested interest in perpetual use of his property for a specific purpose says Dallas Court of Appeals

  Hinga Mbogo, et al. v. City of Dallas, et al. 05-17-00879-CV (Tex. App. – Dallas, June 19, 2018) This is an appeal from an order granting the City Defendants’ plea to the jurisdiction in a constitutional challenge to zoning laws. The
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Declaratory Judgments, Employment Law, Injunction, Litigation, Mandamus, PIA, Procedure, Sovereign Immunity

City of Houston can be sued by pension board for non-compliance with statutory pension provision and PIA

  City of Houston, et. al.  v. Houston municipal employees pension system, 17-0242, — S.W. 3d — (Tex. June 8, 2018). City of Houston created several local government corporations to which it transferred some of its employees. Specifically at issue is the
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Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity

Texas Supreme Court holds county commissioner has no authority over plats, so is an improper party to suit by developer

W.A “Andy” Meyers, individually and in his capacity as Fort Bend County Commissioner v. JDC/Firethorne, LTD., a Texas limited partnership; from Fort Bend County; 14th Court of Appeals District (14-15-00860-cv, 514 sw3d 279, 12-22-16) In this land development suit, the Texas Supreme
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