Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Takings, Tax

City’s summary judgment reversed and remanded under failure to address Patel due-course-of-law analysis; dismissal of all other constitutional challenges to utility late fee ordinance affirmed

Gatesco Q.M. Ltd d/b/a Quail Meadows Apartments, a Texas Limited Partnership v. City of Houston, 14-14-01017-CV (Tex. App— Houston [ 14th Dist.], October 20, 2016) In this case the 14th Court of Appeals affirmed-in-part and reversed-in-part the granting of the City’s summary
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Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Procedure

City not required to adopt formal criteria for non-consent tow list and may consider intangible/subjective factors

 Integrity Collision Center v. City of Fulshear, No. 15-20560 ( 5th Cir. September 20,2016) This is an injunction case where a tow-truck company sued to compel the City to include it in the City’s non-consent tow list. The U.S. Court of Appeals
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Constitutional Challenge, Declaratory Judgments, Injunction, Sign Regulation

Austin Court of Appeals holds parts of Texas Highway Beautification Act unconstitutional

  Auspro enterprises, LP v. Texas Department of Transportation,03-14-00375-CV (Tex. App— Austin , August 26,2016) In this case the Austin Court of Appeals held unconstitutional part of the Texas Highway Beautification Act (“Act”) in light of the U.S. Supreme Court’s decision last
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Constitutional Challenge, Contracts, Declaratory Judgments, Injunction, Official/Qualified Immunity, Public Works, Sovereign Immunity, TOMA, TTCA, Ultra Vires

City waived immunity in breach of contract case for solid waste disposal services

City of Rio Grande City, Texas, and Joel Villarreal, Herman R. Garza III, Arcadio J. Salinas III, Rey Ramirez, and Dave Jones in their Official Capacities v. BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Rio Grande Valley,04-15-00729-CV (Tex.
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Constitutional Challenge, Declaratory Judgments, Public Works, Sovereign Immunity, Takings

City immune from suit for reverter given language of deed says 4th Court of Appeals

The City of Laredo v. Northtown Development, Inc. and Gateway Centennial Development, Co., 04-15-00736-CV (Tex. App—San Antonio, August 10,2016) This is a takings case based on an alleged reverter in public property where the Fourth Court of Appeals reversed the denial of
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Declaratory Judgments, Religious Freedom, Tax

Neither appraisal district nor religious organization established entitlement to MSJ on tax exemption question regarding elderly housing, so full case remanded says 1st Court of Appeals

National Church Residences of Alief, TX v. Harris County Appraisal District, 01-15-00900-CV (Tex. App- Houston [ 1st Dist.] August 9, 2016) This is a tax exemption case where the First District Court of Appeals reversed the trial court’s order denying a religious
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Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Preemption, Separation of Powers

Permanent injunction prohibiting city from holding election on red light cameras dissolved

The City of Cleveland et al., v. Keep Cleveland Safe, 09-15-00076-CV (Tex. App—Beaumont, July28, 2016) Plaintiff, Keep Cleveland Safe (“KCS”) filed a petition attempting to stop the City from placing an issue on the ballot for the May 2014 election regarding photographic
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Declaratory Judgments, Employment Law, Injunction, Ultra Vires

Chapter 614 written notice to police officer unnecessary when actions personally observed by chief of police says 1st District Court of Appeals

Peter J. Paske, Jr. v. Joel Fitzgerald, Individually and in His Official Capacity as Chief of Police of City of Missouri City, and the City of Missouri City, Texas 01-15-00631-CV (Tex. App.- Houston [1st Dist.], June 23,2016) This is a police officer
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Constitutional Challenge, Declaratory Judgments, Land Use, Separation of Powers, Sign Regulation, Ultra Vires

City’s billboard registration fee determined to be unconstitutional tax

Reagan National Advertising of Austin, Inc. d/b/a Reagan National Advertising v. City of Austin, Texas; and Marc A. Ott, being sued in his Official Capacity 03-15-00370-CV (Tex. App.- Austin, June 15, 2016) This is a case to determine whether a billboard registration
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