Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Sovereign Immunity, Takings

First District Court of Appeals holds property owner could not bring a takings claim based on judicial order regarding substandard building

Jaime Jaramillo v. The City of Texas City, 01-20-00654-CV, (Tex. App.—Houston [1st Dist.], Feb. 8, 2022, no pet. h.) (mem. op.). This is a takings case brought after the City initiated an enforcement action for a dilapidated building. The First District Court
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Agency, Constitutional Challenge, Declaratory Judgments, Health and Safety, Nuisance, Takings

Junk vehicle owner failed to establish ownership in municipal court, so was not entitled to sue for taking in later suit

  Jane Vorwerk v. City of Bartlett and John Landry Pack, Mayor, 03-21-00001-CV, (Tex. App – Austin, August 6, 2021) The Bartlett Municipal Court declaring a 1986 Toyota mobile home to be a junk vehicle. The municipal court found that defendant James
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Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Procedure, Takings

Property owner not entitled to de novo review of nuisance determination says Austin Court of Appeals

Mark Groba v. The City of Taylor, Texas, 03-19-00365-CV (Tex. App. – Austin, Feb. 3, 2021) In this nuisance abatement case, the Austin Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Groba, a real property owner, was
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Constitutional Challenge, Contracts, Nuisance, Public Works, Sovereign Immunity, Takings, TTCA

Tyler Court of Appeals holds District is immune from sewer backup as 20 year old plastic coupler which failed was not part of the motor system

Sean Self v. West Cedar Creek Municipal Utility District, 12-20-00082-CV, (Tex. App – Tyler, Jan. 6, 2021) This is an appeal from the granting of a plea to the jurisdiction in a sewage backup case in which the Tyler Court of Appeals
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Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Procedure, TOMA

13th Court of Appeals holds building and standards commission order was final, so could not be collaterally attacked under TOMA

Harker Heights Condominiums, LLC v. City of Harker Heights, Texas, 13-17-00234-CV (Tex. App. – Corpus Christi, March 28, 2019). In this case the 13th Court of Appeals affirmed the granting of the City of Harker Heights’ plea to the jurisdiction dismissing a
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Constitutional Challenge, Contracts, Declaratory Judgments, Discrimination, Employment Law, Injunction, Litigation, Mandamus, Nuisance, Retaliation, Separation of Powers, Sovereign Immunity, Takings, TTCA, Whistleblower

December 2018 Condensed Summaries

The problem with December is courts try to get cases off their desk prior to the holiday break. Clients like to get stuff resolved before the holiday break. Which means a lot of stuff happens in December preventing me from keeping up
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Declaratory Judgments, Health and Safety, Injunction, Mandamus, Nuisance

City properly brought enforcement of junked vehicle ordinance in district court, but city ordinance did not properly adopt alternative administrative procedure

In re Philip T. Pixler, 02-18-00181-CV (Tex. App. – Fort Worth, July 26, 2018). This is a mandamus suit where the Fort Worth Court of Appeals held the district court had jurisdiction over the City of Newark’s enforcement of its junk vehicle
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Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Nuisance, Official/Qualified Immunity, Sovereign Immunity, Takings, TOMA, Ultra Vires

Property owners cannot sue on City’s right to amend deed restrictions on lots it owns or create City park; increased traffic and noise cannot be basis for inverse condemnation claim

The City of Friendswood and Kevin Holland v. Paul and Carolyn Horn, et al., 01-15-00436-CV (Tex. App. – Houston [1st Dist.], February 11, 2016). This is essentially an inverse condemnation case where the First Court of Appeals reversed the denial of a
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Declaratory Judgments, Health and Safety, Litigation, Nuisance, Preemption, Procedure

City can sue for damages to property values due to nuisance for acts occurring outside ETJ says Amarillo Court of Appeals.

  Town of DISH, et al v. Enbridge Gathering (North Texas) L.P., et al.,  07-13-00391-CV (Tex. App. – Amarillo, June 1, 2015) This is a consolidation of three separate cases with multiple parties and multiple defendants with certain procedural complexities. For the
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