Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Procedure, Religious Freedom, Sec. 1983, TOMA

City immune from claims it misapplied its own ordinances or procedures, but not for TOMA claims

  Peter Schmitz, et al v. Town of Ponder, Texas, et al. 02-16-00114-CV, (Tex. App. – Fort Worth, May 10, 2018). This is a substituted opinion. Summary of original opinion found here. This is an appeal from a final judgment against the
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Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Procedure, Vested Rigths

Trial court abused its discretion in awarding attorney’s fees to City in vested rights and declaratory judgment case

Patsy B. Anderton, et al. v. City of Cedar Hill, 05-17-00138-CV (Tex. App. – Dallas, May 25, 2018) The Dallas Court of Appeals affirmed-in-part and reversed-in-part a judgment for the City of Cedar Hill (“City”) in a case involving a non-conforming use
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Civil Service/Collective Bargaining, Contracts, Declaratory Judgments, Employment Law, Procedure, Ultra Vires

Trial court had jurisdiction to determine if certain jobs should be classified as civil service, but not to award backpay

City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-17-00120-CV (Tex. App. Amarillo — March 21, 2018) This is a civil service lawsuit where the Amarillo Court of Appeals reversed-in-part the denial of the City’s plea to
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Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Sign Regulation

County must sue AG, not individual concealed handgun license holder, in dispute over courthouse sign says 1st District Court of Appeals

  Terry Holcomb, Sr. v. Waller County, 01-16-01005-CV, (Tex. App. – Houston [1st Dist.], March 15, 2018) This is a concealed handgun/courthouse civil suit where the First District Court of Appeals reversed a declaratory judgment for the County. The Waller County Courthouse
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Declaratory Judgments, Injunction, Mandamus, PIA, Ultra Vires

City did not act in bad faith under PIA in cost estimate calculation; City established it produced all records discovered

Mark Rines v. City of Carrollton 05-15-01321-CV (Tex. App—Dallas, February 13, 2018) This is a Texas Public Information Act (“PIA”) case where the Dallas Court of Appeals affirmed the trial courts order dismissing the Requestor’s lawsuit. [Comment: this case is a rare
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Agency, Contracts, Declaratory Judgments, Finance, Preemption, Public Works

Home-rule city’s franchise contract and right-of-way ordinance trumps pro-forma provision in a tariff, so utility must bear costs of relocation

City of Richardson v Oncor Electric Delivery Company, LLC, 15-1008 (Tex. February 2, 2018) This case involves a dispute between a city and a utility over who must pay relocation costs to accommodate changes to public rights-of-way. The City of Richardson (“City”)
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Constitutional Challenge, Declaratory Judgments, Land Use, Tax

Water District property entitled to tax exempt status even though District rents to private business on river front

Tarrant Appraisal District v. Tarrant Regional Water District 02-17-00042-CV (Tex. App— Fort Worth, January 25, 2018) The Tarrant Appraisal District (“TAD”) asserted part of the property owned by the Tarrant Regional Water District (“TRWD”) was not “used for public purposes” and therefore
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