Annexation, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity

Amarillo Court of Appeals holds findings of fact and conclusions of law improper for plea to the jurisdiction and remanded annexation case for trial

Hill, et al. v City of Fair Oaks Ranch, 07-19-00037-CV (Tex. App. – Amarillo, Sep. 16, 2020)(mem. Op). This is an annexation dispute where the Amarillo Court of Appeals reversed the grant of the City’s plea to the jurisdiction and remanded for
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Agency, Constitutional Challenge, Declaratory Judgments, Sovereign Immunity, Ultra Vires

The Third Court of Appeals held that no implied authority exists for actions of a state agency without a showing that the implied authority is required to effectively perform a statutorily expressed responsibility.   

Special contributing author Laura Mueller, City Attorney for Dripping Springs University of Texas at Austin President Jay Hartzell, et al. v. S.O., et al., No. 03-19-00131-CV (Tex. App.—Austin September 4, 2020). In this ultra virus University case, the plaintiff sued University officials
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Annexation, Declaratory Judgments, Injunction

Dallas Court of Appeals holds property owners failed to establish jurisdiction in annexation case where City was prevented from holding first reading of annexation ordinance

City of Terrell, Texas, et al. v. Frederick George Edmonds, et al., 05-19-01248-CV  and 05-19-01382-CV  (Tex. App. – Dallas, September 8, 2020) These are consolidated appeals from the case where several property owners sought to prevent annexation of a 1,000-foot wide strip
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Constitutional Challenge, Declaratory Judgments, Injunction, Sec. 1983, Sovereign Immunity

Fort Worth Court of Appeals holds trial court lacked jurisdiction involving school district’s disciplinary decision

This is an interlocutory appeal from the denial of a plea to the jurisdiction filed by Northwest Independent School District. Plaintiffs sued Northwest ISD on behalf of their minor child, C.R., seeking a temporary restraining order and injunctive relief based on the
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Contracts, Declaratory Judgments, Injunction, Sovereign Immunity, Ultra Vires

San Antonio Court of Appeals holds governmental immunity bars both suit and liability where the ‘only plausible remedy’ is invalidation of a government contract.

City of San Antonio v. Patrick Von Dohlen, et al., 04-20-00071-CV (Tex. App.—San Antonio Aug. 19, 2020)  This is an interlocutory appeal from the denial of a plea to the jurisdiction and Rule 91a motion to dismiss filed by the City of
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure

Corpus Christi Court of Appeals held that a plaintiff does not have standing to bring suit, or merit a temporary injunction, where the plaintiff has not alleged an injury distinct from the public at large.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Concerned Citizens of Palm Valley, Inc. v. City of Palm Valley, 13-20-00006-CV (Tex. App.—Corpus Christi, August 13, 2020) (mem.op.). In this taxpayer suit, the plaintiffs allege that the City is spending money
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Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings

Beaumont Court of Appeals holds pro se Plaintiff did not establish entitlement to injunctive relief to prevent demolition of building

Rema Charles Wolf v. City of Port Arthur, 09-19-00047-CV, (Tex. App – Beaumont, Aug. 6, 2020) This is an interlocutory appeal from the denial of a temporary injunction request by a pro se property owner. Pro se Plaintiff Wolf sued the City
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity

Fourth Court of Appeals holds no jurisdiction exists for ex-councilmember to sue after office was declared forfeit for charter violations – quo warranto is exclusive remedy

City of Leon Valley v Martinez, 04-19-00879-CV (Tex. App. — San Antonio, August 19, 2020) This is a suit by an ousted city council member to recover his position. The San Antonino Court of Appeals held the exclusive remedy in this situation
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Constitutional Challenge, Declaratory Judgments, Health and Safety, Sec. 1983, Sovereign Immunity, Takings

Waco Court of Appeals holds an allegation of overzealous code enforcement actions is inadequate to establish a substantive due process violation when regulations are enforceable.

Special contributing author Laura Mueller, City Attorney for Dripping Springs House of Praise Ministries, Inc. v. City of Red Oak, Texas, 10-19-00195-CV (Tex. App.—Waco, Aug. 6, 2020). In this substantive due process case, the Waco Court of Appeals affirmed a trial court’s
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