Litigation, Procedure, Public Works, Takings

County properly initiated clarification of interest in public road; statute of repose can be raised in plea to the jurisdiction

John Herbert Matthews v. Colorado County, 01-16-00092-CV (Tex. App—Houston [1st Dist.] July 26,2016) This is a road abandonment case where the First District Court of Appeals affirmed the granting of the County’s plea to the jurisdiction. In 1951, the Colorado County Commissioners
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Discrimination, Employment Law, Litigation

Former employee could not establish comparator for her “unique” but low level position so summary judgment was proper for Town

Morris v. Town of Independence; Michael Ragusa, 15- 30986 (5th Cir.  June28,2016) This is a racial discrimination in employment under 42 U.S.C. § 1981 where the 5th Circuit affirmed the granting of the Town’s summary judgment motion. Morris, an African-American woman, was
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Constitutional Challenge, Litigation, Procedure, Sec. 1983

U.S. Supreme Court holds PLRA does not have a “special circumstance” exception, but does require analysis of “available” administrative procedures for relief

Ross v Blake 15-339  (U.S. June 6, 2016) Slip Opinion This is a §1983 excessive force case, but its main focus is on the Prison Litigation Reform Act (“PLRA”) compliance. While transporting an inmate (Blake) to a segregation unit, a prison guard
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Litigation, Sovereign Immunity, TTCA

Fort Worth Court of Appeals holds each defendant, including independent contractors, separately liable for TTCA statutory caps even for single injury

Michelle Rodriguez v Fort Worth Transportation Authority, et al. 02-14-00340-CV (Tex. App.- Fort Worth, June 24th 2016) This is a Texas Tort Claims Act (“TTCA”) case where a plaintiff in a wrongful death case sued multiple entities trying to exceed the TTCA’s
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Agency, Constitutional Challenge, Declaratory Judgments, Health and Safety, Land Use, Litigation, Preemption, Sovereign Immunity, Takings, Vested Rigths

If you have a case involving Chapter 245 vested rights, zoning changes, and distance restrictions on alcohol sales read this 71 page opinion

FLCT, Ltd. and Field Street Development I, Ltd. v. City of Frisco, Texas, 02-14-00335-CV (Tex. App.- Fort Worth, May 26th 2016) Owners are two partnerships that own adjacent property in Frisco. FLCT’s tract is located on the actual corner; Field’s tract is
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