Constitutional Challenge, Declaratory Judgments, Eminent Domain, Litigation, Separation of Powers, Sovereign Immunity

Texas Supreme Court holds one public entity is not immune from condemnation suit filed by another

HIDALGO COUNTY WATER IMPROVEMENT DISTRICT NO. 3 v. HIDALGO COUNTY IRRIGATION DISTRICT NO. 1; 21-0507 (Tex. May 19, 2023) In this immunity case, the Texas Supreme Court held that governmental/sovereign immunity does not prohibit one political subdivision from utilizing eminent-domain proceedings against
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Agency, 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 is an interlocutory appeal from the denial of the temporary injunction involving a conflict between the county judge’s executive order
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Constitutional Challenge, Declaratory Judgments, Injunction, Sec. 1983, Separation of Powers

U.S. 5th Circuit holds a board reprimand against an elected official for speech on a matter of public concern is an actionable First Amendment claim under § 1983.

  Wilson v. Houston Community College System, 19-20237 (U.S. 5th Cir. April 7, 2020) This is a First Amendment/§1983 case where a former member of the board of trustees claimed the College censured him in violation of his First Amendment Rights. The
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Constitutional Challenge, Contracts, Declaratory Judgments, Discrimination, Employment Law, Injunction, Litigation, Mandamus, Nuisance, Retaliation, Separation of Powers, Sovereign Immunity, Takings, TTCA, Whistleblower

December 2018 Condensed Summaries

The problem with December is courts try to get cases off their desk prior to the holiday break. Clients like to get stuff resolved before the holiday break. Which means a lot of stuff happens in December preventing me from keeping up
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Sec. 1983, Separation of Powers

U.S. 5th Circuit holds promoter of sex convention had standing to sue after City passed ordinance banning convention

Three Expo Events, LLC v City of Dallas, 17-10632 (5th Cir. October 24, 2018). This is a First Amendment case involving a sex convention where the U.S. 5th  Circuit reversed an order granting the City’s motion to dismiss. Three Expo Events, L.L.C.
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Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Procedure, Separation of Powers, Sovereign Immunity

Texas Supreme Court holds county official removal statute is subject to Texas Citizens Participation Act and sovereign immunity is waived for attorney’s fees of losing party

State of Texas ex Rel. George Darrell Best v Paul Reed Harper, 16-0647, — S.W.3d – (Tex. July 29, 2018). This is a Texas Citizens Participation Act (“TPCA”) case where the Texas Supreme Court held a suit to remove a county official
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Constitutional Challenge, Declaratory Judgments, Litigation, Mandamus, Procedure, Sec. 1983, Separation of Powers, Sovereign Immunity, Tax, Ultra Vires

El Paso Court of Appeals holds non-appearance jurors failed to show waiver of immunity in contempt/fee challenge case but should be allowed to amend.

Joshua Luttrell, et al v. El Paso County, et al., 08-16-00090-CV (Tex. App. – El Paso, December 20, 2017). There is no way to categorize this case in a single sentence. In the thirty-nine page opinion, the El Paso Court of Appeals
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Annexation, Injunction, Mandamus, Separation of Powers

In annexation opposition, Dallas Court of Appeals opinion could result in trial courts using TOMA injunction provision to prevent legislative acts not yet up for vote

In Re: City of Mesquite, Texas 05-17-01303-CV (Tex.App— Dallas, November 14, 2017) In this original mandamus proceeding, the Dallas  Court of Appeals held the trial court did not abuse its discretion in granting certain injunctive relief prohibiting annexation in an extraterritorial  jurisdiction.
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Constitutional 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 petition attempting to stop the City from placing an issue on the ballot for the May 2014 election regarding photographic
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