Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Nuisance, Official/Qualified Immunity, Sovereign Immunity, Takings, TOMA, Ultra Vires

Property owners cannot sue on City’s right to amend deed restrictions on lots it owns or create City park; increased traffic and noise cannot be basis for inverse condemnation claim

The City of Friendswood and Kevin Holland v. Paul and Carolyn Horn, et al., 01-15-00436-CV (Tex. App. – Houston [1st Dist.], February 11, 2016). This is essentially an inverse condemnation case where the First Court of Appeals reversed the denial of a
Read More

Agency, Declaratory Judgments, Sovereign Immunity, Ultra Vires

A determination that is wrongly decided does not render that decision outside an official’s authority for ultra vires purposes says 13th Court of Appeals.

Cameron County Appraisal District and Frutoso Gomez v. Thora O. Rourk, Et Al. 13-15-00026-CV (Tex. App. – Corpus Christi, January 28, 2016). This is primarily a Uniform Declaratory Judgment Act (“UDJA”)/Ultra Vires case but with the underlying claim asserting a tax on
Read More

Contracts, Declaratory Judgments, Litigation, Procedure, Public Works, Sovereign Immunity

Fourth Court holds notice provisions in a contract cannot be addressed in a plea to the jurisdiction since they can be waived.

City of San Antonio v. Casey Industrial, Inc. 04-14-00429-CV (Tex. App. – San Antonio, January 27, 2016) This is an immunity in contract case where the Fourth Court of Appeals first issued an opinion in July of 2015 upholding the City’s immunity
Read More

Civil Service/Collective Bargaining, Declaratory Judgments, PIA, Uncategorized

Amarillo Court of Appeals overrules AG opinion and holds civil service video examinations are excepted from public disclosure under collective bargaining agreement

Captain Edwin Scott Hilburn v. The City of Houston, Texas; and Ken Paxton, Attorney General of Texas 07-15-00158-CV (Tex. App. – Amarillo, January 21, 2016). This is a Public Information Act (“PIA”) case involving promotional examination documentation. The City conducted the Houston
Read More

Constitutional Challenge, Declaratory Judgments, Employment Law, Whistleblower

14th Court of Appeals holds claims for attorney’s fees can save a declaratory judgment claim from mootness.

Vicki Ward v. Lamar University, Texas State University System and James Simmons 14-14-00097-CV (Tex. App. Houston [14th Dist.], January 12, 2016) This is a Texas Whistleblower case. The panel previously issued an opinion (summary found here), but after a motion for rehearing,
Read More

Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Sovereign Immunity, TTCA

Department of Criminal Justice not liable for inmate suicide says First Court of Appeals

Nikki Sides individually and on behalf of the estate of Thomas Middleton v. Texas Department of Criminal Justice, 01-15-00004-CV (Tex. App. – Houston [1st Dist.] November 3, 2015). This is a Texas Tort Claims Act (“TTCA”)–inmate suicide case in which the First
Read More