September 9, 2021Constitutional Challenge, Declaratory Judgments, Finance, Injunction, Litigation, Procedure, Sovereign Immunity, Tax, TOMA 13th Court of Appeals holds City sufficiently complied with TOMA and Tax Code in 2019 when it adopted its annual tax rate Leftwich v City of Harlingen, 13-20-00110-CV (Tex. App. – Corpus Christi, Sep. 9, 2021). This is a declaratory judgment suit to declare […]
October 18, 2020Constitutional Challenge, Declaratory Judgments, Employment Law, Finance First District holds county attorney could not bring suit against commissioner’s court for budget policies Hobbs, Williamson County Attorney v. Dan A. Gattis, et. al., 01-19-00025-CV (Tex. App. – Houston [1st Dist.], Oct. 15, 2020). This is […]
April 7, 2020Contracts, Declaratory Judgments, Finance Public entities which issue bonds can utilize Expedited Declaratory Judgment Act for validation of contract execution, but not compliance says Texas Supreme Court City of Controe, et al, v San Jacinto River Authority, et al, 18-0989, (Tex. March 27, 2020) This is a case brought […]
January 17, 2020Declaratory Judgments, Finance, Injunction, Litigation, Sovereign Immunity Fort Worth Court of Appeals holds no waiver of immunity for declaratory judgment relief against county for competitive bidding violation Tarrant County, Texas v. Jeffrey D. Lerner, 02-19-00330-CV, (Tex. App – Fort Worth, Jan. 9, 2020) This is a declaratory judgment/immunity case […]
March 15, 2019Contracts, Declaratory Judgments, Employment Law, Finance, Injunction City Manager’s change to policy manual is not a unilateral employment contract, says Texas Supreme Court City of Denton v Brian Rushing, et al, 17-0336 (Tex. March 15, 2019) This is an interlocutory appeal from an order denying […]
March 11, 2019Agency, Constitutional Challenge, Declaratory Judgments, Employment Law, Finance, Injunction Texas Supreme Court holds pension board’s amendment to deferred retirement option account was not unconstitutional Eddington v Dallas Police and Fire Penson Systems, et al., 17-0058, (Tex. March 8, 2019) This is a statutory construction case where […]
February 15, 2019Constitutional Challenge, Finance 14th Court of Appeals holds $25 finance charge on criminal fines is facially unconstitutional Devlon Johnson v State of Texas, 14-18-00273-CR (Tex. App. – Houston [14th Dist.], February 5, 2019, no pet. h.) In this criminal […]
February 8, 2019Agency, Finance, Litigation, Tax 14th Court of Appeals holds immunity is waived for refund of penalties and interest paid on delinquent taxes only if taxpayer requested waiver within 180 days Harris County, et al. v. Falcon Hunter, LLC, 14-18-00247-CV (Tex. App. – Houston [14th Dist.], February 7, 2019). This is a […]
November 19, 2018Constitutional Challenge, Declaratory Judgments, Finance, Tax Texas Supreme Court disposes of various natural gas compressor taxation suits by holding taxing location is inventory yard, not temporary physical locations Ward County Appraisal District v EES Leasing, et al, 15-0965 (Tex. Nov. 16, 2018) The Texas Supreme Court issued several connected opinions […]
February 2, 2018Agency, Contracts, Declaratory Judgments, Finance, Preemption, Public Works Home-rule city’s franchise contract and right-of-way ordinance trumps pro-forma provision in a tariff, so utility must bear costs of relocation City of Richardson v Oncor Electric Delivery Company, LLC, 15-1008 (Tex. February 2, 2018) This case involves a dispute between a city […]
