Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

14th Court of Appeals holds officer was not entitled to official immunity – proper focus is on the actions which caused the plaintiff’s injury, not on the overall investigation the officer was performing

Nicholas Hulick v. City of Houston, 14-20-00424-CV  (Tex. App. Houston [14th Dist.], Feb. 1, 2022) This is a Texas Tort Claims Act (“TTCA”)/ vehicle accident case where the Fourteenth District reversed the granting of the City’s plea to the jurisdiction based on
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Agency, Board of Adjustment, Declaratory Judgments, Injunction, Litigation, Procedure, Zoning

Lubbock Court of Appeals affirmed board of adjustment condition to re-evaluate variance request after a set number of years

MVP Raider Park Garage, LLC. V Zoning Board of Adjustment of City of Lubbock, et al, 07-20-00261-CV (Tex. App. – Lubbock, Jan. 12, 2022) This is a board of adjustment case where the Lubbock Court of Appeals affirmed the BOA’s denial of
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ADA, Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea to the jurisdiction.

A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea to the jurisdiction. Special contributing author Laura Mueller, City Attorney for Dripping Springs Edinburg Consol. Ind. Sch. Dist. V. Ayala,
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Declaratory Judgments, Eminent Domain, Litigation, Procedure, Sovereign Immunity, Takings

Fort Worth Court of Appeals holds one city was not entitled to a plea to the jurisdiction in condemnation suit brought by adjoining city

Town of Westlake, Texas v. City of Southlake, 02-21-00241-CV  (Tex. App. – Fort Worth, Dec. 23, 2021) This is an interlocutory appeal from the denial of the Town of Westlake’s plea to the jurisdiction in a case where the City of Southlake
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Declaratory Judgments, Health and Safety, Injunction, Land Use, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings, Zoning

Texarkana holds city properly supported its summary judgment to permanently enjoin mobile home park

Polecat Hill, LLC, et al. v. City of Longview, Texas, et al. 06-20-00062-CV (Tex. App. – Texarkana, December 2, 2021). This is a nuisance/permit case brought under Chapter 54 of the Texas Local Government Code where the Texarkana Court of Appeals affirmed
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Attorney Fees, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Injunction, Litigation, Procedure, Ultra Vires

Amarillo Court of Appeals holds fire marshal’s office employs firefighters who are entitled to civil service protection

City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-20-00315-CV, (Tex. App – Amarillo, Nov. 18, 2021) This is a civil service case where the Amarillo Court of Appeals affirmed in part and reversed in part a
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Discrimination, Employment Law, Litigation, Procedure

Notice of a termination is the date on which the 180-day clock starts for claims of employment discrimination under state law regardless of internal appeals of the termination.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Monte Alto I.S.D. v. Patricia Orozco, No. 13-21-00136-CV (Tex. App.—Corpus Christi Nov. 4, 2021) (mem. op.). In this appeal from a trial court’s denial of the school district’s plea to the jurisdiction,
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Contracts, 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, 01-19-00768-CV, (Tex. App – Hou [1st], Oct. 28, 2021) In this contract dispute, the First Court of Appeals in Houston
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Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Takings

The plaintiff failed to show that damages were insufficient in a condemnation case where there was sufficient evidence supporting the judgment of the trial court.  

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Castellanos v. Harris County, Texas and City of Baytown, Texas., No. 01-20-00414-CV (Tex. App.—Houston [1st Dist.] Oct 7, 2021) (mem. op.). In this appeal from a trial court’s judgment in a
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