Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Procedure, TOMA

13th Court of Appeals holds building and standards commission order was final, so could not be collaterally attacked under TOMA

Harker Heights Condominiums, LLC v. City of Harker Heights, Texas, 13-17-00234-CV (Tex. App. – Corpus Christi, March 28, 2019). In this case the 13th Court of Appeals affirmed the granting of the City of Harker Heights’ plea to the jurisdiction dismissing a
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Agency, Constitutional Challenge, Declaratory Judgments, Employment Law, Finance, Injunction

Texas Supreme Court holds pension board’s amendment to deferred retirement option account was not unconstitutional

Eddington v Dallas Police and Fire Penson Systems, et al.,   17-0058, (Tex. March 8, 2019) This is a statutory construction case where the Texas Supreme Court held the City of Dallas’s amendment to its pension plan did not violate the Texas Constitution.
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Declaratory Judgments, Employment Law, Injunction, TOMA

School District substantially complied with TOMA even though it had a glitch with website postings for five months, says Amarillo Court of Appeals

Rebecca Terrell and Chandrashekhar Thanedar v. Pampa Independent School District, 07-17-00189-CV (Tex. App. – Amarillo, January 9, 2019). This is a Texas Open Meetings Act (“TOMA”) case where the Amarillo Court of Appeals affirmed a take-nothing judgment in favor of the Pampa
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Constitutional Challenge, Contracts, Declaratory Judgments, Discrimination, Employment Law, Injunction, Litigation, Mandamus, Nuisance, Retaliation, Separation of Powers, Sovereign Immunity, Takings, TTCA, Whistleblower

December 2018 Condensed Summaries

The problem with December is courts try to get cases off their desk prior to the holiday break. Clients like to get stuff resolved before the holiday break. Which means a lot of stuff happens in December preventing me from keeping up
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Constitutional Challenge, Declaratory Judgments, Eminent Domain, Injunction, Land Use, Sovereign Immunity, Takings

City not liable for takings claim because of alleged failure to enforce ordinances against neighboring property owner/developer

City of Mason v. William Robin Lee, et al.  04-18-00275-CV (Tex. App. – San Antonio, Nov. 7, 2018). This is an interlocutory appeal in a regulatory takings case where the Fourth Court of Appeals reversed the denial of the City’s plea to
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Sec. 1983, Separation of Powers

U.S. 5th Circuit holds promoter of sex convention had standing to sue after City passed ordinance banning convention

Three Expo Events, LLC v City of Dallas, 17-10632 (5th Cir. October 24, 2018). This is a First Amendment case involving a sex convention where the U.S. 5th  Circuit reversed an order granting the City’s motion to dismiss. Three Expo Events, L.L.C.
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Declaratory Judgments, Injunction, Mandamus, PIA

Order for City to release documents under PIA and certify compliance was not a “temporary injunction” entitling City to interlocutory appeal says Houston’s 1st District Court of Appeals

  City of Houston v Dolcefino  Communications, et al., 01-17-00979-CV (Tex. App. – Houston [1st Dist.], October 30, 2018 This is an interlocutory appeal in a Public Information Act (“PIA”) case where the First District Court of Appeals determined it lacked interlocutory
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Contracts, Declaratory Judgments, Injunction, Public Works, Sovereign Immunity

Contract for sale of waste water to golf course is a governmental function and no waiver of immunity exists for breach claim

City of Merkel v Copeland, 11-16-00323-CV (Tex. App. — Eastland, October 18, 2018).  This is a governmental immunity/breach of contract claim where the Eastland Court of Appeals reversed the denial of the City’s plea to the jurisdiction.  The City entered into a
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