Constitutional Challenge, Declaratory Judgments, Finance, Injunction, Litigation, Procedure, Sovereign Immunity, Tax, TOMA

13th Court of Appeals holds City sufficiently complied with TOMA and Tax Code in 2019 when it adopted its annual tax rate

Leftwich v City of Harlingen, 13-20-00110-CV (Tex. App. – Corpus Christi, Sep. 9, 2021). This is a declaratory judgment suit to declare the city violated procedural requirements when it adopted its tax rate in 2019. The Thirteenth Court of Appeals held no
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Litigation, Procedure, Sovereign Immunity, TTCA

Trial court’s granting of City’s plea to the jurisdiction considered void because it should have issued its order in the separate case created by the plaintiff’s bill of review

 Clayton Richter, Dorothy Richter, and Jonathan Richter v. City of Waelder, Texas,13-20-00494-CV and 13-20-00495-CV, (Tex. App – Corpus Christi – Edinburg, August 12, 2021) This is a flooding case, but the opinion focused entirely on procedural problems where the Corpus Christi Court
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Litigation, Official/Qualified Immunity, Procedure, Search and Seizure, Sec. 1983, Sovereign Immunity, TTCA

Pro se appellant could not prevail on summary judgment appeal when he failed to appeal each ground for summary judgment.

   Special contributing author Laura Mueller, City Attorney for Dripping Springs Elezar Balli v. Officer Florentino Martinez, et al., No. 14-20-00030-CV (Tex. App.—Houston [14th Dist.] August 10, 2021) (mem. op.). In this appeal from a trial court’s summary judgment in favor of
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Agency, Board of Adjustment, Constitutional Challenge, Land Use, Litigation, Procedure, Sovereign Immunity, Zoning

Dallas Court of Appeals holds trial court had jurisdiction for BOA appeal only, but no monetary or constitutional claims could survive the board’s plea

  City of Dallas, et al v. PDT Holdings, Inc., et al. 05-21-00018-CV  (Tex. App. – Dallas, August 24, 2021). This is an appeal from a board of adjustment decision where the Dallas Court of Appeals reversed in part and affirmed in
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Litigation, Procedure, Sovereign Immunity, Uncategorized

El Paso Court of Appeals holds since city appealed denial of a plea to the jurisdiction, but not the final judgment entered at the same time, court could not hear the appeal

The City of Brady and Brady Police Department v. William Dale Scott, 08-20-00155-CV (Tex. App. – El Paso, Aug. 16, 2021). The El Paso Court of Appeals determined it did not have jurisdiction to hear an interlocutory appeal from a Chapter 47
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Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings, Ultra Vires

Fourth Court of Appeals holds plaintiff suing for BOA decision must be given opportunity to replead to show timing of when the BOA decision was filed in board’s offices

Alpha Securities, LLC, v City of Fredericksburg, 04-20-00447-CV (Tex. App. – San Antonio, Aug. 10, 2021, no pet h.). This is a board of adjustment appeal and declaratory judgment action where the San Antonio Court of Appeals agreed no jurisdiction existed, but
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Contracts, Employment Law, Litigation, Procedure, Sovereign Immunity

Since City’s plea to the jurisdiction only challenged non-jurisdictional facts, plea was property denied in breach of contract suit

  City of Del Rio v. Henry Arredondo, 04-20-00409-CV, (Tex. App – San Antonio, August 4, 2021) This is a breach of contract suit where the Fourth Court of Appeals held that because the City’s plea only challenged non-jurisdictional facts, the plea
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Constitutional Challenge, Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

Trespass to try title claims failed to waive immunity, but court remanded to allow further pleading attempts

City of San Antonio v. Albert Davila, Individually; Madeline Davila, Individually; and Albert Davila as Trustee of the Albert Pena Davila and Madeline Davila Living Trust, 04-20-00478-CV, (Tex. App – San Antonio, August 4, 2021) This is a trespass to try title
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