Category: Preemption

March 11, 2021Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Preemption, Sovereign Immunity

San Antonio Court of Appeals holds City’s “Paid Sick Leave” ordinance was preempted by state law

Washington et al. v. Associated Builders & Contractors of South Texas, Inc., et al., 04-20-00004-CV (Tex. App.—San Antonio, March 10, 2021). In […]

January 8, 2021Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Preemption, Public Works

Second Court of Appeals holds general law city has inherent power to require solid waste haulers to obtain a license

Builder Recovery Services LLC v. The Town of Westlake, Texas, 02-20-00051-CV,  (Tex. App. – Fort Worth, Jan. 1, 2021)(mem. op.). This is […]

November 15, 2020Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Preemption, Procedure, Separation of Powers, Ultra Vires

El Paso Court of Appeals held Governor’s executive orders control over county judge order in the event of conflicts

State of Texas, et al v. El Paso County, Texas, et al., 08-20-00226-CV (Tex. App. – El Paso, Nov. 13, 2020). This […]

July 23, 2020Declaratory Judgments, Mandamus, Preemption, Ultra Vires, Voting Rights

Dallas Court of Appeals holds comprehensive plan ordinance is subject to referendum petition

Carruth, et al v Henderson, 05-19-01195-CV (Tex. App. – Dallas, July 22, 2020). This is a mandamus action (and second interlocutory opinion) […]

December 23, 2018Constitutional Challenge, Declaratory Judgments, Preemption, Public Works

1st District Court of Appeals holds section of Texas Water Code regarding sewer CCNs unconstitutional

City of Tyler v. Liberty Utilities (Tall Timbers Sewer) Corp., 01-17-00745-CV (Tex. App. – Houston [1st Dist.], December 20, 2018) This is […]

February 2, 2018Agency, Contracts, Declaratory Judgments, Finance, Preemption, Public Works

Home-rule city’s franchise contract and right-of-way ordinance trumps pro-forma provision in a tariff, so utility must bear costs of relocation

City of Richardson v Oncor Electric Delivery Company, LLC, 15-1008 (Tex. February 2, 2018) This case involves a dispute between a city […]

August 19, 2016Preemption

City plastic bag ban ordinance held preempted by Solid Waste Disposal Act

Laredo Merchants Association v. City of Laredo, Texas, 04-15-00610-CV (Tex. App—San Antonio, August 17,2016) This is a statutory construction case in the […]

August 1, 2016Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Preemption, Separation of Powers

Permanent injunction prohibiting city from holding election on red light cameras dissolved

The City of Cleveland et al., v. Keep Cleveland Safe, 09-15-00076-CV (Tex. App—Beaumont, July28, 2016) Plaintiff, Keep Cleveland Safe (“KCS”) filed a […]

June 1, 2016Agency, Constitutional Challenge, Declaratory Judgments, Health and Safety, Land Use, Litigation, Preemption, Sovereign Immunity, Takings, Vested Rigths

If you have a case involving Chapter 245 vested rights, zoning changes, and distance restrictions on alcohol sales read this 71 page opinion

FLCT, Ltd. and Field Street Development I, Ltd. v. City of Frisco, Texas, 02-14-00335-CV (Tex. App.- Fort Worth, May 26th 2016) Owners […]

April 29, 2016Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Preemption

Texas Supreme Court holds City’s air-quality ordinance preempted by Clear Air Act

BCCA APPEAL GROUP, INC. v. CITY OF HOUSTON, 13-0768 (Tex. April 29, 2016) This is essentially a preemption case where the Court […]