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Category: Declaratory Judgments

Constitutional Challenge, Declaratory Judgments

Texas statute prohibiting carrying handguns in public held constitutional

June 1, 2013rhenry12598Leave a comment

National Rifle Association of America, Inc. v. McCraw, No. 12-10091 (5th Cir. May 21, 2013) This is a Second Amendment challenge to the Texas statute, Tex. Penal Code § 46.02(a), prohibiting non-military persons under the age of 21 from carrying handguns in
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Declaratory Judgments, Sovereign Immunity, TTCA

Sovereign immunity bars declaratory and injunctive relief says 1st Court of Appeals

May 31, 2013rhenry12598Leave a comment

  Board of Trustees of Galveston Wharves v O’Rourke, NO. 01-10-01115-CV (Tex. App. Houston [1st Dist.] May 30, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction arising out of claims for invasion of privacy, civil
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Commerce Clause, Constitutional Challenge, Declaratory Judgments, Public Works

Waste haulers have no standing to challenge City’s permit ordinance.

May 30, 2013rhenry12598Leave a comment

Cibolo Waste, Inc. v. City of San Antonio, No. 12-50153 (5th Cir. May 15, 2013) Several waste haulers challenged the City of San Antonio’s ordinance imposing a permit fee of $2,250 for each vehicle weighing over 7,000 pounds used to collect or
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Declaratory Judgments, Land Use, Uncategorized, Zoning

U.S. Supreme Court holds courts must defer to FCC’s, determination of its own jurisdiction.

May 25, 2013rhenry12598Leave a comment

City of Arlington, Texas v. Federal Communications Commission No. 11-1545 and 11-1547, slip op. (U.S. Supreme Court, May 20, 2013). This is a U.S. Supreme Court opinion which holds that federal agencies such as the FCC have the authority to determine their
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Declaratory Judgments, Land Use

Developers have standing to challenge City’s Fair Notice Ordinance under Chapter 245

May 23, 2013rhenry12598Leave a comment

San Antonio v Greater San Antonio Builders Ass., No. 04-12-00745-CV (Tex. App. – San Antonio, May 22, 2013) This is a declaratory judgment case challenging the City of San Antonio’s ordinance which requires a particular application be submitted before the City will
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Declaratory Judgments, Litigation, Public Works, Sovereign Immunity

Court rejects AT&T’s attempt to circumvent sovereign immunity in line relocation case

May 11, 2013rhenry12598Leave a comment

Southwestern  Bell Telephone, D/B/A AT&T Texas v City of Houston et al, NO. 14-11-01115-CV, (Tex. Civ. App. Houston [14th  Dist.] May 9, 2013). This is a dispute on who must bear the cost of relocating AT&T’s telecommunication lines in the public right-of-way over
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Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Sovereign Immunity

Professor loses in federal court due to pleading deficencies

May 1, 2013rhenry12598Leave a comment

Raj v Louisiana State University, et al, No. 12-30225, (5th Cir. April 19, 2013). Rai was a professor of biochemistry and obstetrics and gynecology at Louisiana State University (“LSU”) and brought claims for discrimination based on his race, religion, national origin, age,
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Constitutional Challenge, Declaratory Judgments, Land Use

Federal judge writes with humor in denying SOB injunction.

April 30, 2013rhenry12598Leave a comment

35 Bar and Grill, et al v City of San Antonio, SA-13-CA-34-FB, U.S. District Court, Western District of Texas, San Antonio Division, April 29, 2013). Normally this appellate update is focused on appellate cases once opinions are issued. However, this U.S. District
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Constitutional Challenge, Declaratory Judgments, Sovereign Immunity

No golf carts permitted from the Park and Ride.

April 19, 2013rhenry12598Leave a comment

Odutayo d/b/a Samaritan Park and Ride v City of Houston NO. 01-12-00132-CV (Tex. App. – Houston [1st Dist] April 18, 2013). Odutayo leases parking spaces and golf carts to customers attending Reliant Stadium.   In 2011 a golf cart driver was ticketed citing
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Declaratory Judgments, Sovereign Immunity

City retains immunity in declaratory judgment suit even though party only sought a declaration of rights

April 3, 2013rhenry12598Leave a comment

City of Dallas v EZ Pawn, No. 05-12-01269-CV, (Tex. Civ. App. – Dallas April 2, 2013). The Fifth District Court of Appeals held the City of Dallas retains sovereign immunity under the Texas Uniform Declaratory Judgment Act when a plaintiff is merely
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA
  • Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

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