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Category: Litigation

Litigation, Sovereign Immunity

Deputies not liable for knocking out suspect’s teeth

April 18, 2013rhenry12598Leave a comment

Franks v Zwicke, No. 04-12-00529-CV (Tex. App. – San Antonio, April 17, 2013) Franks is a pro se inmate who alleges deputies intentionally knocked out four of his teeth during his arrest for breaking into a county facility. The deputies filed a
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Employment Law, Litigation

“Mailbox Rule” does not apply to TWC right-to-sue deadline.

April 6, 2013rhenry12598Leave a comment

Gutierrez v B&B Landfill, NO. 10-12-00219-CV, (Tex. Civ. App. – Waco, April 4, 2013). This is an employment discrimination lawsuit where the Tenth District Court of Appeals held the Plaintiff failed to timely file his petition after receiving his right-to-sue letter.  The
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Contracts, Litigation

13th Court of Appeals holds cities cannot be held statutorily liable for attorney’s fee for breach of contract

March 29, 2013rhenry12598Leave a comment

City of McAllen v Casso, no. 13-11-00749-CV, (Tex. Civ. App. – Corpus Christy, March 28, 2013) This case has good and bad holdings for cities. Casso was a municipal judge who suffered from Lupos.  Prior to her resignation due to her health,
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Litigation, Nuisance

City dog/cat ordinance held constitutional

March 23, 2013rhenry12598Leave a comment

Patterson v City of Bellmead, No. 10-12-00357-CV (Tex. Civ. App. Waco, March 21, 2013). This is a challenge to an animal limitation ordinance. The City had an ordinance limiting the total number of cats and dogs at a single location to four. 
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Litigation, Nuisance, Zoning

El Paso’s SOB Ordinance Affirmed

February 21, 2013rhenry12598Leave a comment

Bryan S. Foster d/b/a Jaguars Gold Club v. City of El Paso, No. 08-10-00157-CV, Court of Appeals for Eighth District (February 20, 2013.) Plaintiff Foster appeals the trial court’s granting of the City of El Paso’s motion for summary judgment related to
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Litigation, Zoning

City’s Fight Over River Ordinances Continues

February 21, 2013rhenry12598Leave a comment

New Braunsfels v STOP, NO. 03-12-00528-CV, Third Court of Appeals (February 21, 2013) This is an opinion which essentially denied the City’s Plea to the Jurisdiction.   The City had a collection of ordinances designed to limit or eliminate the “over consumption” of
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Litigation, Zoning

Court of Appeals Upholds Substandard Building Demolition

February 6, 2013rhenry12598Leave a comment

Wood v City of Texas City This is a public nuisance/substandard building case in a city utilizing a Buildings and Standards Commission. Wood owned, among many others, two properties in Galveston County which he purchased at a foreclosure sale. Following Hurricane Ike,
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Litigation, Sovereign Immunity

Appellate Court Holds It No Longer Has Interlocutory Jurisdiction

January 31, 2013rhenry12598Leave a comment

City of Houston v Aster This is on a motion to reconsider en banc which the court granted and issued this substitute ruling.  Aster alleges the City of Houston beached a contract for a construction project and certain computer and technical services. 
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Litigation

District Could Be Liable for Interest on Bonds

January 29, 2013rhenry12598Leave a comment

Harris County Fresh Water Supply District v FWO Development, LTD This is an interlocutory appeal from the denial of the jurisdictional arguments contained within the District’s motion for summary judgment.  The case has a lot of history involved, but the main thing
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Litigation, Public Works

Tx. Sup. Ct. Says To Be Careful Before Suing Architects, Engineers, or Surveyors

January 26, 2013rhenry12598Leave a comment

CTL v Starwood Homeowner’s Association While this isn’t a local government case, it has some impact on certain things city and county litigators do. Plus, it’s a Texas Supreme Court case, so it carries just a little bit of weight with the
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  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call

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