Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Amarillo Court of Appeals holds Texas Attorney General immune from County’s claims regarding conceal handgun signs

Ken Paxton, Texas Attorney General v. Waller County Texas; et al, 07-20-00297-CV, (Tex. App – Amarillo, March 4, 2021) This is a conceal/carry notice case where the Amarillo Court of Appeals reversed the denial of the Texas Attorney General’s plea to the
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Contracts, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity

Dallas Court of Appeals holds City waived immunity in lease agreement for use of soccer fields in exchange for upgrades and maintenance

City of McKinney, Texas v. KLA International Sports Management, LLC, 05-20-00659-CV, (Tex. App – Dallas, Feb. 4, 2021) This is a contractual immunity case where the Dallas Court of Appeals held the City’s immunity was waived. KLA, a private sports management company
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Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Procedure, Takings

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 Austin Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Groba, a real property owner, was
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Agency, Declaratory Judgments, Injunction, Litigation

Texas Supreme Court holds Texas Board of Chiropractic Examiners’ rules are valid even over objection of the Texas Medical Association

Texas Board of Chiropractic Examiners v Texas Medical Association, 18-1223 (Tex. Jan. 29, 2021) This case centers on the tension between chiropractors and physicians and several Texas Board of Chiropractic Examiners’ rules. The Texas Supreme Court held the Board’s rules were valid. 
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Agency, Declaratory Judgments, Injunction, Litigation, Procedure, Tax

Austin Court of Appeals holds temporary injunction order need not set a specific trial date, but must place the case for trial on the court’s calendar, otherwise the order is void

  Hegar, Comptroller of Public Accounts of State of Texas, et al., v Zertuche Construction, LLC, 03-19-00238-CV (Tex. App. – Austin, Jan. 22, 2021). This is a tax collection case, but the main thrust is the procedural ruling on injunctions where the
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Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Preemption, Public Works

Second Court of Appeals holds general law city has inherent power to require solid waste haulers to obtain a license

Builder Recovery Services LLC v. The Town of Westlake, Texas, 02-20-00051-CV,  (Tex. App. – Fort Worth, Jan. 1, 2021)(mem. op.). This is a declaratory judgment/ordinance invalidation suit brought by a solid waste collector where the Fort Worth Court of Appeals affirmed the
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Agency, Declaratory Judgments, Injunction, Takings, Vested Rigths

The Tenth Court of Appeals affirmed the trial court’s summary judgment against the plaintiff developer because it did not challenge all possible grounds supporting the summary judgment order

  Special contributing author Laura Mueller, City Attorney for Dripping Springs David A. Bauer, et al. v. City of Waco, No. 10-19-00020-CV (Tex. App.—Waco  December 9, 2020) (mem. op.). The Waco Court of Appeals affirmed a trial court’s judgment dismissing the plaintiff’s
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Religious Freedom

Third Court of Appeals holds church’s motion for new trial in water rate EDJA case held valid given unique and troubling circumstances in case

City of Magnolia v Magnolia Bible Church, et al., 03-19-00631-CV (Tex. App. – Austin, Dec. 18, 2020) This is an interlocutory appeal from an order granting a new trial and denying a plea to the jurisdiction in a water rate case in
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Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Preemption, Procedure, Separation of Powers, Ultra Vires

El Paso Court of Appeals held Governor’s executive orders control over county judge order in the event of conflicts

State of Texas, et al v. El Paso County, Texas, et al., 08-20-00226-CV (Tex. App. – El Paso, Nov. 13, 2020). This is an interlocutory appeal from the denial of the temporary injunction involving a conflict between the county judge’s executive order
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Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Injunction, Litigation, Procedure, Ultra Vires

Austin Court of Appeals holds that under the Civil Service Act applied to police officers, a reinstatement list must factor in seniority in the position being demoted and not seniority in the department

Bradley Perrin v. City of Temple, et al, 03-18-00736-CV, (Tex. App – Austin, Nov. 6, 2020) This is an employment dispute in a civil service police department with crossclaims and a host of procedural matters. The Austin Court of Appeals ultimately held
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