Texas Supreme Court holds ordinance initiative ballot language is misleading because it did not account for exceptions
In Re: Linda Durnin, et. al, 21-0170 (Tex. March 2, 2021) This is an original proceeding mandamus action where the Texas […]
Category: Separation of Powers
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
City’s billboard registration fee determined to be unconstitutional tax
Reagan National Advertising of Austin, Inc. d/b/a Reagan National Advertising v. City of Austin, Texas; and Marc A. Ott, being sued in […]