Attorney Fees, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Injunction, Litigation, Procedure, Ultra Vires

Amarillo Court of Appeals holds fire marshal’s office employs firefighters who are entitled to civil service protection

City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-20-00315-CV, (Tex. App – Amarillo, Nov. 18, 2021) This is a civil service case where the Amarillo Court of Appeals affirmed in part and reversed in part a
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Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Fourth Court of Appeals upholds injunction preventing Governor from prohibiting ordinances regulating face masks – Governor’s authority does not extent to local health and safety regulations with separate grants of authority

Greg Abbott, in his Official Capacity as Governor of Texas, and State of Texas v. City of San Antonio and County of Bexar, 04-21-00342-CV (Tex. App. – San Antonino, November 10, 2021). This is a COVID-19 declaratory judgment (ultra vires) action brought
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Discrimination, Employment Law, Litigation, Procedure

Notice of a termination is the date on which the 180-day clock starts for claims of employment discrimination under state law regardless of internal appeals of the termination.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Monte Alto I.S.D. v. Patricia Orozco, No. 13-21-00136-CV (Tex. App.—Corpus Christi Nov. 4, 2021) (mem. op.). In this appeal from a trial court’s denial of the school district’s plea to the jurisdiction,
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Contracts, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity, Takings, Ultra Vires, Vested Rigths

First Court of Appeals holds 380 development agreement was an agreement for goods and services (waiving immunity) but dismissed all other claims brought against the City by the developer

Town Park Center, LLC v. City of Sealy, Texas, Janice Whitehead, Mayor, Lloyd Merrell, City Manager and Warren Escovy, Assistant City Manager, 01-19-00768-CV, (Tex. App – Hou [1st], Oct. 28, 2021) In this contract dispute, the First Court of Appeals in Houston
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Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Takings

The plaintiff failed to show that damages were insufficient in a condemnation case where there was sufficient evidence supporting the judgment of the trial court.  

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Castellanos v. Harris County, Texas and City of Baytown, Texas., No. 01-20-00414-CV (Tex. App.—Houston [1st Dist.] Oct 7, 2021) (mem. op.). In this appeal from a trial court’s judgment in a
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Discrimination, Employment Law, Litigation, Procedure

Tyler Court of Appeals holds EEOC complainant’s deadline to file suit begins to run when his complaint is received by the EEOC, not when the appeal is perfected

  Gunter P. Coffey v. Texas Parks and Wildlife Department, 12-21-00015-CV, (Tex. App – Tyler, Oct. 6, 2021) This is an employment discrimination, hostile work environment, and retaliation claim in which the Tyler Court of Appeals affirmed the trial court’s order granting
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Constitutional Challenge, Declaratory Judgments, Litigation

U.S. Fifth Circuit holds standing for First Amendment violation can be shown through chilled speech without the need for actual arrest or citation.

    Special contributing author Laura Mueller, City Attorney for Dripping Springs Anthony Barilla v. City of Houston, Tex., No. 20-20535 (5th Cir. Sept. 10, 2021). In this appeal for dismissal for lack of standing by the district court, the U.S. Fifth
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sign Regulation, Sovereign Immunity, Structural Standards

Tyler Court of Appeals holds a motion for new trial did not extend the time to perfect an accelerated appeal

SignAd, Ltd. V. The City of Hudson, 12-21-00056-CV, (Tex. App – Tyler, Sept. 15, 2021) This case is mainly procedural, and the Tyler Court of Appeals held SignAd failed to timely file its notice of appeal, either as an interlocutory appeal or
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