Constitutional Challenge, Litigation, Procedure, Sovereign Immunity, Takings

12th Court of Appeals holds a regulatory civil enforcement suit did not constitute a taking by a conservation district

Neches and Trinity Valleys Groundwater Conservation District v. Mountain Pure TX, LLC  12-19-00172-CV (Tex. App. – Tyler, September 18, 2019). This is a regulatory takings/compliance enforcement case where the Tyler Court of Appeals reversed the denial of a conservation district’s plea to
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Injunction, Litigation, Procedure, Sovereign Immunity

Since interlocutory appeal by individual officials stayed proceedings, trial court had no authority to grant or deny City’s plea to the jurisdiction

City of Brownsville, et al.,  v. Brownsville GMS, 13-19-00467-CV (Tex.App. – Corpus Christi, September 27, 2019). This is a governmental immunity/contract case where a temporary injunction was sought.  The Corpus Christi court out of Edinburg held the trial court’s failure to rule
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Contracts, Litigation, Sovereign Immunity

City immune for claims of “general engineering work” since the contract was expressly for a specific project with no generalized work included

Naismith Engineering, Inc. v. The City of Aransas Pass, 13-18-00402-CV (Tex. App. – Corpus Christi, September 19, 2019) This is a governmental immunity/contract case where the Corpus Christi court out of Edinburg affirmed the granting of the City’s plea to the jurisdiction.
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Contracts, Declaratory Judgments, Litigation, Procedure, Sovereign Immunity

Subcontractor did not contract directly with DFW Airport, so no waiver of immunity exists for breach of contract, says Dallas COA

Ruth Torres v. Dallas/Ft Worth International Airport et. al, 05-18-00675-CV (Tex. App. —  Dallas, August, 29, 2019). This is a breach of contract case where the Dallas Court of Appeals held the trial court was without jurisdiction to hear the claims. Torres
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Board of Adjustment, Declaratory Judgments, Injunction, Land Use, Litigation, Zoning

Fort Worth Court of Appeals holds injunctive relief not available to stop enforcement of ordinance regulating gas/oil production

The Town of Flower Mound, Texas, et al.  v. EagleRidge Operating, LLC, 02-18-00392-CV, (Fort Worth, Aug. 22, 2019) This is an interlocutor appeal in a temporary injunction case where the Fort Worth Court of Appeals held the zoning restriction on oil/gas equipment
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Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Dallas Court of Appeals holds officer entered intersection in good faith – entitled to official immunity

City of Dallas v. Rosa Rodriguez, 05-19-00045-CV, (Tex. App. – Dallas Texas, August 7, 2019) In this Texas Tort Claims Act (“TTCA”)/motor vehicle accident/emergency responder case, the Dallas Court of Appeals reversed the denial of the City’s plea to the jurisdiction and
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