Category: Public Works

May 24, 2022Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Land Use, Public Works, Sovereign Immunity, Takings

Texas Supreme Court holds city’s civil-enforcement of utility payment ordinance was not an unconstitutional taking

  City of Baytown v Alan Schrock, 20-0309 (Tex. May 13, 2022)  In this takings case, the Texas Supreme Court held the […]

February 14, 2022Litigation, Procedure, Public Works, TTCA

Fort Worth Court of Appeals held plaintiffs’ pleadings defective in flood/drowning case but remanded to allow plaintiffs to replead

City of Fort Worth v. Soledad Alvarez, et al. 02-20-00408-CV  (Tex. App. – Fort Worth, February 10, 2022) This is a Texas […]

January 11, 2021Public Works, Sovereign Immunity, TTCA

Fifth District Court of Appeals holds property owner’s pleadings adequately alleged waiver of immunity in sewer backup case due to overtaxed pumps

  The City of Blue Ridge v. Rappold, 05-19-00961-CV (5th Cir. Dec. 3, 2020) (mem. op.) This is an interlocutory appeal from […]

January 11, 2021Constitutional 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 […]

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 […]

September 28, 2020Attorney Fees, Contracts, Litigation, Public Works

Attorney’s fees for breach of contract under Tex. Loc. Gov’t Code §271.153 valid only if equitable and just – denied for much smaller change order amount

Dowtech Specialty Contractors, Inc. v. City of Weinert, 11-18-00246-CV (Tex. App. – Eastland, September 25, 2020)(mem. op.). This is a breach of […]

July 20, 2020Attorney Fees, Constitutional Challenge, Contracts, Eminent Domain, Injunction, Land Use, Litigation, Procedure, Public Works, Sovereign Immunity, Takings

Fort Worth Court of Appeals analyzes the law-of-the-case doctrine and determines private property owners did not establish claims against a city regarding fee simple land ownership

City of Mansfield, et al., v Saverings, et al, 02-19-00174-CV (Tex. App. – Fort Worth, July 16, 2020) In this lengthy opinion, […]

March 15, 2020Contracts, Declaratory Judgments, Public Works

Texas Supreme Court holds 1949 utility easements with “reconstruction” language means easements are general with no fixed width

Southwestern Electric Power Company v. Kenneth Lynch, Tommy Batchelor, and Twant Wilson, Texas, 18-0768, (Tex. – Feb. 28, 2020) This is a […]

October 22, 2019Constitutional Challenge, Declaratory Judgments, Elections, Litigation, Public Works, Tax, Ultra Vires

Taxpayer lacked standing to challenge Houston drainage fee ordinance despite charter election invalidity

Elizabeth C. Perez v. Sylvester Turner, et al., 01-16-00985-CV (Tex. App. – Hous. [1st Dist], Oct. 15, 2019) This is a long […]

March 15, 2019Contracts, Declaratory Judgments, Injunction, Public Works, Sovereign Immunity

Texas Supreme Court holds specific performance is available remedy under waiver of immunity for certain contracts

Hays Street Bridge Restoration Group v City of San Antonio, 17-0423 (Tex. March 15, 2019) This is a breach of contract case […]