January 26, 2023Declaratory 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 […]
August 24, 2022Agency, Declaratory Judgments, Injunction San Antonio Court of Appeals reforms judgement for attorney fees awarded against a complainant for filing a frivolous ethics complaint Lakshmana Viswanath v. The City of Laredo, 04-21-00413-CV (Tex. App. – San Antonio, Aug. 24, 2022). This is the second appeal arising […]
August 20, 2022Agency, 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 […]
May 24, 2022Constitutional 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 […]
May 24, 2022Constitutional 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 […]
May 11, 2022Constitutional 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 […]
April 11, 2022Declaratory 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 […]
January 25, 2022Agency, 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. […]
December 27, 2021Board 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 […]
December 2, 2021Declaratory 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 […]