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Category: Nuisance

Constitutional Challenge, Declaratory Judgments, Nuisance, Takings

Low-income housing project foiled by changes to fire code

June 15, 2013rhenry12598Leave a comment

Comunidad Balboa, LLC v. The City of Nassau Bay, et al. 14-12-00619-CV (Tex. App. – Houston [14th Dist.] June 13, 2013). This is an appeal from a non-profit developer whose claims were dismissed in the City of Nassau Bay’s plea to the
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Declaratory Judgments, Litigation, Nuisance, Takings

Associations have standing to challenge Austin’s tunneling under parkland

June 9, 2013rhenry12598Leave a comment

  Spicewood Springs Road Tunnel Coalition, et al v City of Austin, et al., No. 03-11-00260-CV (Tex. App. – Austin June 6, 2013). This is more of a litigator case turning on the standing of several associations to challenge the City of
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Litigation, Nuisance

Plaintiff Gas Station did not plead proper standing for “takings” claim, but given a chance to fix it.

June 8, 2013rhenry12598Leave a comment

State of Texas v Momin Properties, No. 01-12-00854-CV, (Tex. App. Houston [1st Dis.] June 6, 2012) This is an inverse condemnation case brought up via interlocutory appeal from a denial of a plea to the jurisdiction. The State built an overpass on
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Constitutional Challenge, Nuisance, Takings

Order to vacate for public safety equates to “public use” for takings analysis says 14th Court of Appeals.

May 4, 2013rhenry12598Leave a comment

Carleson, et al v City of Houston, NO. 14-12-00099-CV (Tex. App – Houston [14th Dist.] May 2, 2013). Plaintiffs owns several condominiums which the City determined were unsafe for habitation and which did not have certificates of occupancy (“C/O”).  After providing a
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Constitutional Challenge, Litigation, Nuisance, Search and Seizure

City not liable for emergency demolition of building; determination of “emergency” entitled to deference.

May 3, 2013rhenry12598Leave a comment

RBII,L.P. v City of San Antonio, No. 11–50626 (5th Cir. April 23, 2013). This is a structural standards case where the City of San Antonio demolished a substandard building but failed to provide notice within a specified time period.  Due to the
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Constitutional Challenge, Nuisance, Public Works, Sovereign Immunity, Takings

City possibly liable for flooding due to development

May 1, 2013rhenry12598Leave a comment

The City of Austin v GHI Investments, LLC f/k/a GHI Partners, LLC, 03-12-00189-CV (Tex. App. – Austin April 30, 2013). This is an interlocutory appeal from the denial of the plea to the jurisdiction relating to inverse condemnation claims for flooding (takings
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Nuisance, Zoning

Owner not liable for demolished historic building says 5th Dist. Court of Appeals

April 17, 2013rhenry12598Leave a comment

Texas West End, Inc v. City of Dallas and Texas Historical Commission, 05-11-00582-CV, (Tex. App. – April 15, 2013) This is a historic building demolition case.  The Missouri, Kansas & Texas Railway freight station was a building for which the TCI West
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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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Nuisance

4th Court of Appeals holds City failed to raise Stewart defense in pre-Stewart MSJ

March 6, 2013rhenry12598Leave a comment

Chin Wu v City of San Antonio, No. 04-10-00836-CV (Tex. Civ. App. – San Antonio March 6, 2013). This is a dangerous structure/inverse condemnation takings case where the 4th Court of Appeals reversed the order granting the City of San Antonio’s summary
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Nuisance, Sovereign Immunity

13th COA Holds City and Employees Can be Sued for Trespass

February 28, 2013rhenry12598Leave a comment

Redburn v City of Victoria, 13-12-00215-CV, (Tex. Civ. App. – Corpus Christi, February 28, 2013). Redburn purchased two tracts of property in 2004, one of which had a pre-existing concrete culvert which has been part of the City’s Storm Sewer System.  After
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Recent Posts

  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA
  • Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk
  • 14th Court of Appeals holds Plaintiff in vehicle accident failed to estbalish City recieved a proper notice of claim or actual knowledge of the claim within deadline so case was dismissed

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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

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