Declaratory Judgments, Health and Safety, Injunction, Mandamus, Nuisance

City properly brought enforcement of junked vehicle ordinance in district court, but city ordinance did not properly adopt alternative administrative procedure

In re Philip T. Pixler, 02-18-00181-CV (Tex. App. – Fort Worth, July 26, 2018). This is a mandamus suit where the Fort Worth Court of Appeals held the district court had jurisdiction over the City of Newark’s enforcement of its junk vehicle
Read More

Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Mandamus

City obtained mandamus to remove TRO preventing display of budget meeting which addressed fiscal impact of pending charter election

  In re Sylvester Turner, Mayor and Dave Martin, Houston City Council Member 14-18-00649-CV (Tex. App. – Houston [14th Dist.], Aug. 23, 2018) This is an original mandamus where the 14th District Court of Appeals in Houston reversed a trial judge’s order
Read More

Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure

Texas judge’s successfully reverse injunction in federal court regarding system for setting bail for indigent misdemeanors

ODonnell v. Harris County, et al.,  No. 18-20466 (5th  Cir. Aug. 14, 2018). Plaintiffs brought a class action against Harris County and numerous officials, including judges and hearing officers under §1983 asserting the system for setting bail for indigent misdemeanor arrests violates
Read More

Agency, Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Procedure

City ordinance allowed to make additional criteria for dangerous animal determination says Amarillo Court of Appeals

Shannon Nicole Washer, et al. v. City of Borger, 07-16-00413-CV (Tex. App. – Amarillo, July 31, 2018). In this case the Amarillo Court of Appeals affirmed the dismissal of the Plaintiffs’ claims challenging the constitutionality of an animal control ordinance and a
Read More

Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Discrimination, Employment Law, Injunction, Retaliation, Sovereign Immunity, Whistleblower

Sheriff’s deputy unable to sue for TCHRA, Whistleblower Act, and collective bargaining claims says Beaumont Court of Appeals

Jefferson County, Texas v. Cherisse Jackson, 09-17-00197-CV (Tex. App. – Beaumont, July 26, 2018). This is an interlocutory appeal from the denial of a plea to the jurisdiction in an employment suit where the Beaumont Court of Appeals reversed and dismissed the
Read More

Declaratory Judgments, Injunction, Litigation, Procedure, Ultra Vires

trial court properly awarded attorney’s fees to school district as plaintiffs should have reasonably known the individual officials were absolutely immune

Farr et. al. v Arlington ISD, 02-17-00196-CV (Tex. App. – Fort Worth, July 19, 2018) In this asserted ultra vires case, the Fort Worth Court of Appeals affirmed the granting of the school district defendants’ plea to the jurisdiction. The Plaintiffs comprise
Read More