Declaratory Judgments, Employment Law, Injunction, Litigation

13th Court of Appeals holds former municipal court judge failed to establish right to injunction to prevent his removal

Phil Bellamy v. The City of Brownsville, et al, 13-22-00087-CV (Tex. App. – Corpus Christi, January 26, 2023) This is an interlocutory appeal from the denial of a temporary injunction where the Thirteenth Court of Appeals affirmed the denial.  The case involved
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Agency, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity

Amarillo Court of Appeals holds AG had no jurisdiction to enforce specific gun sign against county

Waller County, Texas, et al. v. Ken Paxton, Texas Attorney General (Tex. App. — Amarillo, August 17, 2022) Ken Paxton, Attorney General of Texas, sued Waller County in 2016 asserting that the County was unlawfully attempting to prohibit licensed handgun owners carrying
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Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Land Use, Public Works, Sovereign Immunity, Takings

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 City of Bayton (City) did not commit a taking by withholding utility service in order to collect unpaid utility bills.
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Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Sovereign Immunity, Takings

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 Court held that general law cities have limited authority to impose license fees for solid waste collections.   The Town
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Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Sovereign Immunity, Takings

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 is a takings case brought after the City initiated an enforcement action for a dilapidated building. The First District Court
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Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity

Texas Supreme Court holds the law requires more than conclusory references to the statute’s elements in order to waive immunity

Patrick Von Dohlen, et. al., v City of San Antonio, 20-0725 (Tex. April 1, 2022) This is a declaratory judgment – statutory cause of action case brought against the City of San Antonio (“City”) for violating Chapter 2400 of the Texas Government
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Agency, Board of Adjustment, Declaratory Judgments, Injunction, Litigation, Procedure, Zoning

Lubbock Court of Appeals affirmed board of adjustment condition to re-evaluate variance request after a set number of years

MVP Raider Park Garage, LLC. V Zoning Board of Adjustment of City of Lubbock, et al, 07-20-00261-CV (Tex. App. – Lubbock, Jan. 12, 2022) This is a board of adjustment case where the Lubbock Court of Appeals affirmed the BOA’s denial of
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Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Takings, Vested Rigths, Zoning

Fort Worth Court of Appeals holds Plaintiffs properly plead constitutional challenges to City’s short-term rental ordinance

  City of Grapevine v. Ludmilla B. Muns, et al, 02-19-00257-CV (Tex. App. – Fort Worth, Dec. 23, 2021) This is an opinion on rehearing where the Fort Worth Court of Appeals reversed in part and affirmed in part the trial court’s
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Declaratory Judgments, Health and Safety, Injunction, Land Use, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings, Zoning

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 a nuisance/permit case brought under Chapter 54 of the Texas Local Government Code where the Texarkana Court of Appeals affirmed
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