Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Preemption, Sovereign Immunity

San Antonio Court of Appeals holds City’s “Paid Sick Leave” ordinance was preempted by state law

Washington et al. v. Associated Builders & Contractors of South Texas, Inc., et al., 04-20-00004-CV (Tex. App.—San Antonio, March 10, 2021). In this case, the Fourth Court of Appeals considered the legality of San Antonio’s paid sick leave (PSL) ordinance. The Court
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Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Amarillo Court of Appeals holds Texas Attorney General immune from County’s claims regarding conceal handgun signs

Ken Paxton, Texas Attorney General v. Waller County Texas; et al, 07-20-00297-CV, (Tex. App – Amarillo, March 4, 2021) This is a conceal/carry notice case where the Amarillo Court of Appeals reversed the denial of the Texas Attorney General’s plea to the
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Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, TOMA

Dallas Court of Appeals holds Plaintiffs failed to challenge all grounds on which dismissal could have been granted; therefore dismissal is affirmed

Chris Carter and Karen Pieroni v. Dallas City Plan Commission and City of Dallas, 05-20-00190-CV, (Tex. App – Dallas, March 1, 2021) This is a Confederate monument case where the Dallas Court of Appeals affirmed the granting of the City’s plea to
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Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Sovereign Immunity

13th Court of Appeals holds remainder of employment contract was consequential damages, not amounts due and owed, therefore no waiver of immunity exists for breach

Edinburg Housing Authority, Dr. Martin Castillo, Gabriel Salinas, Simon Garza, Marissa Chavana, and Juan Guzman v. Rodolfo Ramirez, 13-19-00269-CV, (Tex. App – Corpus Christi Feb. 25, 2021) This is an interlocutory appeal from the denial of a housing authority’s motion to dismiss
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Contracts, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity

Dallas Court of Appeals holds City waived immunity in lease agreement for use of soccer fields in exchange for upgrades and maintenance

City of McKinney, Texas v. KLA International Sports Management, LLC, 05-20-00659-CV, (Tex. App – Dallas, Feb. 4, 2021) This is a contractual immunity case where the Dallas Court of Appeals held the City’s immunity was waived. KLA, a private sports management company
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Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Procedure, Takings

Property owner not entitled to de novo review of nuisance determination says Austin Court of Appeals

Mark Groba v. The City of Taylor, Texas, 03-19-00365-CV (Tex. App. – Austin, Feb. 3, 2021) In this nuisance abatement case, the Austin Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Groba, a real property owner, was
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Agency, Declaratory Judgments, Injunction, Litigation

Texas Supreme Court holds Texas Board of Chiropractic Examiners’ rules are valid even over objection of the Texas Medical Association

Texas Board of Chiropractic Examiners v Texas Medical Association, 18-1223 (Tex. Jan. 29, 2021) This case centers on the tension between chiropractors and physicians and several Texas Board of Chiropractic Examiners’ rules. The Texas Supreme Court held the Board’s rules were valid. 
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Agency, Declaratory Judgments, Injunction, Litigation, Procedure, Tax

Austin Court of Appeals holds temporary injunction order need not set a specific trial date, but must place the case for trial on the court’s calendar, otherwise the order is void

  Hegar, Comptroller of Public Accounts of State of Texas, et al., v Zertuche Construction, LLC, 03-19-00238-CV (Tex. App. – Austin, Jan. 22, 2021). This is a tax collection case, but the main thrust is the procedural ruling on injunctions where the
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Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Preemption, Public Works

Second Court of Appeals holds general law city has inherent power to require solid waste haulers to obtain a license

Builder Recovery Services LLC v. The Town of Westlake, Texas, 02-20-00051-CV,  (Tex. App. – Fort Worth, Jan. 1, 2021)(mem. op.). This is a declaratory judgment/ordinance invalidation suit brought by a solid waste collector where the Fort Worth Court of Appeals affirmed the
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Constitutional Challenge, Contracts, Declaratory Judgments, Litigation, Sovereign Immunity

The Tenth Court of Appeals held immunity waived for airport lease based on improvements made by tenant

  Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Cleburne v. RT General, LLC, No. 10-20-00037-CV (Tex. App.—Waco  December 16, 2020) (mem. op.). This is an interlocutory appeal from a trial court denial of the city’s plea to
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