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, Contracts, Declaratory Judgments, Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds Type B economic development corporations are not entitled to immunity for breach of contract claims

  Rosenberg Development Corp. v. Imperial Performing Arts, Inc., No. 17-0660 (Tex. – March 9, 2019). The Texas Supreme Court holds Type -B EDCs are not entitled to governmental immunity in breach of contract cases. Rosenberg Development Corporation (RDC) is a Type
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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, Litigation, Mandamus, Procedure, Sec. 1983

Mandamus action: Pre-suit discovery precluded as petitioner did not support the petition with evidence and trial court failed to issue mandatory findings

In Re: City of Tatum, Texas, 12-18-00285-CV (Tex. App. – Tyler, December 21, 2018) This is a writ of mandamus original proceeding where the Tyler Court of Appeals conditionally granted the City’s relief and precluded a potential party from taking pre-suit depositions
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