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Category: Public Works

Litigation, Public Works, Sovereign Immunity, TTCA

Police and maintenance reports insufficient to establish actual awareness by City of its alleged fault under TTCA

October 16, 2013rhenry12598Leave a comment

City of San Antonio and City Public Service n/k/a CPS Energy v. Joel Herrera, 04-13-00304-CV (Tex. App. – October 16, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction involving a car accident in which Plaintiff
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Constitutional Challenge, Nuisance, Public Works, Sovereign Immunity, Takings, TTCA

Tort Claims Act does not permit partial community damage even if tangible personal property is used

September 5, 2013rhenry12598Leave a comment

   Port of Houston Authority v. Aaron, et al. No. 01-12-00373-CV (Tex. App. – Houston [1st Dist.] September 5, 2013). This is one of two cases decided at the same time involving the same parties. This case is an interlocutory appeal from
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Declaratory Judgments, Land Use, Public Works, Takings

Texas Supreme Court holds City’s moratorium invalid against existing subdivision owners

August 30, 2013rhenry12598Leave a comment

    CITY OF LORENA, TEXAS v. BMTP HOLDINGS, No. 11-0554 (Tex. August 30, 2013) This is a development moratorium case on sewer lines where the City of Lorena passed a moratorium after having approved a subdivision plat for development. The Texas
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Litigation, Public Works, Sovereign Immunity, TTCA

Error in County records held to be the negligent use of motor-driven equipment says 14th Court of Appeals

August 13, 2013rhenry12598Leave a comment

Error in County records held to be the negligent use of motor-driven equipment says 14th Court of Appeals. Kilburn v. Fort Bend County Drainage District, 14-13-00011-CV (Tex. App. – Houston [14th Dist.], August 13, 2013). This is a Texas Tort Claim Act
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Commerce Clause, Constitutional Challenge, Declaratory Judgments, Public Works

Waste haulers have no standing to challenge City’s permit ordinance.

May 30, 2013rhenry12598Leave a comment

Cibolo Waste, Inc. v. City of San Antonio, No. 12-50153 (5th Cir. May 15, 2013) Several waste haulers challenged the City of San Antonio’s ordinance imposing a permit fee of $2,250 for each vehicle weighing over 7,000 pounds used to collect or
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Public Works, Sovereign Immunity, TTCA

City immune from trespass after all says 13th Court of Appeals on rehearing

May 17, 2013rhenry12598Leave a comment

Redburn v City of Victoria, 13-12-00215-CV, (Tex. Civ. App. – Corpus Christi, May 16, 2013, on rehearing). Back in February I reported this case which essentially held that the City and its employees could be held responsible for trespass claims. To read
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Declaratory Judgments, Litigation, Public Works, Sovereign Immunity

Court rejects AT&T’s attempt to circumvent sovereign immunity in line relocation case

May 11, 2013rhenry12598Leave a comment

Southwestern  Bell Telephone, D/B/A AT&T Texas v City of Houston et al, NO. 14-11-01115-CV, (Tex. Civ. App. Houston [14th  Dist.] May 9, 2013). This is a dispute on who must bear the cost of relocating AT&T’s telecommunication lines in the public right-of-way over
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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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Contracts, Public Works, Sovereign Immunity

City liable for contract damages for property it could not legally purchase

April 5, 2013rhenry12598Leave a comment

Wight Realty Interests v City of Friendswood, NO. 01-11-01075-CV (Tex. Civ. App. – Houston [1st Dist], April 4, 2013) This is a breach of contract claim where the court of appeals determined the City waived its immunity.  The City and Wight entered
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Eminent Domain, Public Works, Takings

Texas Supreme Court holds city responsible for “potential” flooding.

March 8, 2013rhenry12598Leave a comment

Kopplow Dev. v City of San Antonio, NO. 11-0104, (Tex. March 8, 2013) The question in this case is whether an inverse condemnation claim is premature when premised on the owner’s inability to develop its property as the city previously approved.  The
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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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