Constitutional Challenge, Litigation, Sovereign Immunity, Takings

13th Court of Appeals holds statute of limitations properly raised in plea to the jurisdiction and “damage” to real property is limited to two-year SOL

Danis Tucker and Beverly Tucker v. City of Corpus Christi, Texas, 13-18-00328-CV, (Tex. App – Corpus Christi, Feb. 27, 2020) This is a takings claim where the Corpus Christi Court of Appeals affirmed the granting of the City’s plea to the jurisdiction
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Attorney Fees, Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

14th Court of Appeals reverses jury award in excessive force case against County, but upholds portion against deputy

Harris County, et al, v Coats, et.al, 14-17-00732-CV, (Tex. App. — Houston [14th Dist.], February 6, 2020) This is a § 1983/wrongful death case where the 14th Court of Appeals reversed in part a jury award against the County and its deputy.
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Litigation, Procedure, Uncategorized

Texas Supreme Court holds a party sufficiently preserves an issue for review by arguing the issue’s substance, even if the party does not call the issue by name.

St. John Missionary Baptist  Church, et al, v Merle Flakes, et al, 18-0228, (Tex. Feb. 7, 2020). The Texas Supreme Court held in this case, which will be of interest to litigators and appellate practitioners, that the courts of appeals have authority
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Constitutional Challenge, Eminent Domain, Litigation, Takings

14th Court of Appeals holds flooded property owners’ claims lack jurisdiction in district court

San Jacinto River Authority v. Reba Ogletree, et al., 14-18-00043-CV, (Tex App – Hou [14th dist.], Jan 28, 2020) In this inverse condemnation case the Fourteenth Court of Appeals dismissed the homeowner’s claims for lack of jurisdiction. Homeowners, whose properties allegedly flooded
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Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

Trial court’s denial of plea after evidentiary hearing was proper given the trial court decides disputed facts unrelated to merits of underlying claims

City of San Antonio v. Pedro J. Arciniega, 04-19-00467-CV, (Tex. App – San Antonio, Jan 15, 2020) This is an employment discrimination case where the San Antonio Court of Appeals affirmed the denial of the City’s plea to the jurisdiction. Arciniega sued
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Declaratory Judgments, Finance, Injunction, Litigation, Sovereign Immunity

Fort Worth Court of Appeals holds no waiver of immunity for declaratory judgment relief against county for competitive bidding violation

Tarrant County, Texas v. Jeffrey D. Lerner, 02-19-00330-CV, (Tex. App – Fort Worth, Jan. 9, 2020) This is a declaratory judgment/immunity case where the Fort Worth Court of Appeals held the County retained immunity for declaratory claims alleging violations of the competitive
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