Declaratory Judgments, Injunction, Litigation

Dallas Court of Appeals holds taxpayer suit to prevent payment to Paxton special prosecutors was moot and not ripe.

 Jeffory Blackard v. Attorney Pro Tem Kent A. Schaffer, et al.,05-16-00408-CV (Tex.App— Dallas, January 18, 2017) A taxpayer sued Collin County, various County officials and the special appointed prosecutors assigned to represent the state in criminal matters against the current Texas Attorney
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Declaratory Judgments, Elections, Injunction, Litigation, Procedure

Petitioner did not conclusively establish charter amendment petition was valid; but city did not prove it was not valid so case remanded

City of Galena Park, Et Al. v. Barry Ponder, 14-15-00708-CV (Tex.App— Houston [ 14th Dist.] October 25, 2016) In this suit to compel a charter amendment election, the 14th Court of Appeals reversed the granting of a summary judgment which favored the
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Takings, Tax

City’s summary judgment reversed and remanded under failure to address Patel due-course-of-law analysis; dismissal of all other constitutional challenges to utility late fee ordinance affirmed

Gatesco Q.M. Ltd d/b/a Quail Meadows Apartments, a Texas Limited Partnership v. City of Houston, 14-14-01017-CV (Tex. App— Houston [ 14th Dist.], October 20, 2016) In this case the 14th Court of Appeals affirmed-in-part and reversed-in-part the granting of the City’s summary
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Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Procedure

City not required to adopt formal criteria for non-consent tow list and may consider intangible/subjective factors

 Integrity Collision Center v. City of Fulshear, No. 15-20560 ( 5th Cir. September 20,2016) This is an injunction case where a tow-truck company sued to compel the City to include it in the City’s non-consent tow list. The U.S. Court of Appeals
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Constitutional Challenge, Declaratory Judgments, Injunction, Sign Regulation

Austin Court of Appeals holds parts of Texas Highway Beautification Act unconstitutional

  Auspro enterprises, LP v. Texas Department of Transportation,03-14-00375-CV (Tex. App— Austin , August 26,2016) In this case the Austin Court of Appeals held unconstitutional part of the Texas Highway Beautification Act (“Act”) in light of the U.S. Supreme Court’s decision last
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