Texas Supreme Court holds city’s civil-enforcement of utility payment ordinance was not an unconstitutional taking
City of Baytown v Alan Schrock, 20-0309 (Tex. May 13, 2022) In this takings case, the Texas Supreme Court held the […]
Category: Health and Safety
Texas Supreme Court holds general-law cities cannot impose a revenue-based licensing fee for construction trash haulers
Builder Recovery Services, LLC v. The Town of Westlake, Texas, 21-0173, (Tex, May 20, 2022) In this case, the Texas Supreme […]
First District Court of Appeals holds property owner could not bring a takings claim based on judicial order regarding substandard building
Jaime Jaramillo v. The City of Texas City, 01-20-00654-CV, (Tex. App.—Houston [1st Dist.], Feb. 8, 2022, no pet. h.) (mem. op.). This […]
Texarkana holds city properly supported its summary judgment to permanently enjoin mobile home park
Polecat Hill, LLC, et al. v. City of Longview, Texas, et al. 06-20-00062-CV (Tex. App. – Texarkana, December 2, 2021). This is […]
Fourth Court of Appeals upholds injunction preventing Governor from prohibiting ordinances regulating face masks – Governor’s authority does not extent to local health and safety regulations with separate grants of authority
Greg Abbott, in his Official Capacity as Governor of Texas, and State of Texas v. City of San Antonio and County of […]
Junk vehicle owner failed to establish ownership in municipal court, so was not entitled to sue for taking in later suit
Jane Vorwerk v. City of Bartlett and John Landry Pack, Mayor, 03-21-00001-CV, (Tex. App – Austin, August 6, 2021) The Bartlett […]
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 […]
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 […]
BOA appeal deadline of 10 days applies to Open Meetings, declaratory judgment, and as-applied constitutional claims, holds Dallas Court of Appeals
Tejas Motel, LLC v City of Mesquite, by and through its Board of Adjustment, 05-19-00667-CV (Tex. Civ. App. – Dallas, June 4, […]
Property owner negated premise duty as a matter of law involving brown-recluse spider attack on invitee
Homer Hillis v Henry McCall, 18-1065 (Tex. March 13, 2020) This is a premises-liability case where the Texas Supreme Court ruled the […]