Constitutional Challenge, Declaratory Judgments, Eminent Domain, Injunction, Litigation, Procedure, Sovereign Immunity, Takings

Texas Supreme Court rules court of appeals has interlocutory jurisdiction for denied MSJ even though plea was denied months earlier

City of Magnolia 4A Economic Development Corporation and City of Magnolia 4B Community Development Corporation v. David Smedley, 16-0718 (Tex. October 27, 2017). This is a flooding case, however, the issue for the Supreme Court is a litigation procedural one. The Court
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Eminent Domain, Litigation, Procedure, Sovereign Immunity, Takings, Ultra Vires

State immune from suit for mineral interest relating back to Spanish land grant

Galan Family Trust v. State of Texas, et al, 03-15-00816-CV (Tex.App— Austin, February 24, 2017) This is an inverse-condemnation/trespass-to-try-title case where the Austin Court of Appeals affirmed the dismissal of the Plaintiff’s claims. The Galan Family Trust (“Trust” or “Plaintiff”) sued the
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Constitutional Challenge, Contracts, Declaratory Judgments, Eminent Domain, Sovereign Immunity, Takings

City held to be acting both in a proprietary capacity and a governmental capacity involving lease for mineral interests says Dallas Court of Appeals

The City of Dallas v. Trinity East Energy, LLC, 05-16-00349-CV(Tex.App— Dallas, February 7, 2017) This is an interlocutory appeal from the granting-in-part and denial-in-part of a plea to the jurisdiction involving an inverse condemnation claim for mineral interests. The Dallas Court of
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Constitutional Challenge, Eminent Domain, Mandamus, Public Works, Sovereign Immunity

Trial court properly declined to appoint condemnation commission before hearing plea to the jurisdiction says Texas Supreme Court

In Re Lazy W District No. 1. , 15-0117 (Tex. May 27, 2016) This original mandamus proceeding involves two governmental entities, one of which petitioned for condemnation of a water pipeline easement across the other’s land. The Tarrant Regional Water District (“the
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Constitutional Challenge, Eminent Domain, Litigation, Procedure, Structural Standards, Takings

Ordinance 30 day limitation to appeal BOA determination was not a statutory prerequisite, so trial court retained jurisdiction of takings claim

Nancy Wedgeworth v. City of Amarillo, et al. 07-15-00301-CV (Tex. App. – Amarillo, May 17, 2016) This is a structural standards case where the Amarillo Court of Appeals reversed the trial court’s granting of a plea to the jurisdiction. Wedgeworth owned a
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Constitutional Challenge, Eminent Domain, Takings

In this condemnation case the Texas Supreme Court held it was harmful error to exclude the property owner’s evidence on project diminishment

CAFFE RIBS, INCORPORATED v. STATE OF TEXAS 14-0193 (Tex. April 1, 2016) This is a condemnation case where the Texas Supreme Court held the property owners were entitled to admit evidence regarding the State’s interference with mitigating property to improve value. Caffe
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