Mandamus – Law Office Of Ryan Henry

February 3, 2023Agency, Constitutional Challenge, Mandamus, Sec. 1983, Sovereign Immunity, Uncategorized

Texas Supreme Court holds wrongfully imprisoned man could not bring federal claims after accepting Tim Cole Act funds from Comptroller

Brown v City of Houston, et al., 22-0256 (Tex, February 3, 2023) In response to a U.S. 5th Circuit certified question, the […]

June 16, 2022Declaratory Judgments, Mandamus, Sovereign Immunity, Ultra Vires

P&Z members immune from ultra vires actions from third parties in plat approval/denial proceedings

Josh Schroeder, et al. V Escalera Ranch Owners’ Association, Inc., No. 20-0855 (Tex. June 3, 2022) In this case, the Texas Supreme […]

April 11, 2022Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity

Texas Supreme Court holds the law requires more than conclusory references to the statute’s elements in order to waive immunity

Patrick Von Dohlen, et. al., v City of San Antonio, 20-0725 (Tex. April 1, 2022) This is a declaratory judgment – statutory […]

December 28, 2021Litigation, Mandamus

13th Court of Appeals grants mandamus relief to TxDOT – allowed TxDOT to withhold from discovery skid mark and other highway safety statistics

In re Texas Department of Transportation, 13-21-00214-CV (Tex. App. – Corpus Christi, Dec. 9, 2021) In this mandamus action, the 13th Court […]

November 3, 2021Contracts, 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, […]

May 14, 2021Declaratory Judgments, Litigation, Mandamus, PIA, Procedure

Eastland Court of Appeals holds City failed to obtain ruling on special exceptions, therefore it could not complain about a lack of factual specificity in the pleadings within its plea to the jurisdiction

City of Odessa, Texas v. AIM Media Texas, LLC d/b/a The Odessa American, 11-20-00229-CV (Tex. App. – Eastland, May 13, 2021). This […]

March 3, 2021Constitutional Challenge, Mandamus, Separation of Powers

Texas Supreme Court holds ordinance initiative ballot language is misleading because it did not account for exceptions

In Re: Linda Durnin, et. al, 21-0170 (Tex. March 2, 2021) This is an original proceeding mandamus action where the Texas […]

February 25, 2021Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Sovereign Immunity

13th Court of Appeals holds remainder of employment contract was consequential damages, not amounts due and owed, therefore no waiver of immunity exists for breach

Edinburg Housing Authority, Dr. Martin Castillo, Gabriel Salinas, Simon Garza, Marissa Chavana, and Juan Guzman v. Rodolfo Ramirez, 13-19-00269-CV, (Tex. App – […]

August 28, 2020Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity, Ultra Vires

Homeowners Association Had Standing to Sue Planning and Zoning Commission for Mandamus Relief

Escalera Ranch Owners’ Ass’n, Inc. v. Schroeder, 07-19-00210-CV, 2020 WL 4772973 (Tex. App.—Amarillo Aug. 17, 2020, no pet. h.) This is […]

August 27, 2020Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure

Corpus Christi Court of Appeals held that a plaintiff does not have standing to bring suit, or merit a temporary injunction, where the plaintiff has not alleged an injury distinct from the public at large.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Concerned Citizens of Palm Valley, Inc. v. City of Palm Valley, 13-20-00006-CV […]