Agency, Declaratory Judgments, Litigation, Procedure, Sovereign Immunity

14th Court of Appeals holds waiver of immunity in TCEQ SOAH hearing need not be by express statutory language

Hyde v Harrison County, 14-18-00628-CV (Tex. App. – Houston [14th Dist.], July 30, 2020) Harrison County (the “County”) owns and operates underground storage tanks at its road and bridge department and at its airport. A Texas Commission on Environmental Quality (the “Commission”)
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ADA, Contracts, Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

14th Court of Appeals holds 1) proof of causation necessary to maintain labor code disability discrimination & 2) plea was properly denied for breach of contract

Special contributing author Laura Mueller, City Attorney for Dripping Springs Norris Rogers v. Houston Community College, 14-18-00591-CV (Tex. App.—Houston [14th Dist.], July 14, 2020) (mem. op.). This case contains two claims: (1) disability discrimination under Texas Labor Code Section 21.105; and (2)
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Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

San Antonio Court of Appeals holds a fact question exists as to whether a deputy’s U-turn caused following traffic to skid into oncoming traffic

Webb County v. Juan C. Garcia, 04-19-00891-CV (Tex. App. – San Antonio, July 22, 2020) This is a motor vehicle accident case under the Texas Tort Claims Act (“TTCA”) where the San Antonio Court of Appeals affirmed the denial of the County’s
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Attorney 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, the Fort Worth Court of Appeals holds certain private property owners did not establish a right to declaratory relief regarding
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Declaratory Judgments, Eminent Domain, Land Use, Litigation, Procedure, Sovereign Immunity

San Antonio Court of Appeals affirms county’s jurisdictional challenge and award of sanctions against property owner

Kehoe v Kendall County, 04-19-00825-CV (Tex. App. – San Antonio, July 15, 2020). This is a declaratory judgment case involving a private property easement where the San Antonio Court of Appeals affirmed the City’s plea to the jurisdiction and awarded sanctions against
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Contracts, Sovereign Immunity

Former City Manager properly alleged breach of contract under Chapter even though the actual contract document was not presented to the city council.

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Port Isabel v. Edward Meza,  No. 13-19-00070-CV, 2020 WL 3786249 (Tex. App.—Corpus Christi July 2, 2020) (mem. op.). This is a breach of contract case where the Corpus Christi Court
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Contracts, Sovereign Immunity

Corpus Christi Court of Appeals holds recovery in breach of contract case under Chapter 271 waiver of immunity dependent on contract definition of “owner” – attorney’s fees are recoverable for any contract covered by Chapter 271 waiver.

Special guest author Laura Mueller, City Attorney of Dripping Springs City of Corpus Christi v. Graham Constr. Servs., Inc., 2020 WL 3478661, No. 13-19-00367-CV (Tex. App.—Corpus Christi June 25, 2020) (mem. op.). This is a breach of contract claim under Chapter 271
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Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds TTCA waives immunity for slight negligence claims, which applies to common carriers (buses) and imposes a higher degree of care for passengers

VIA Metropolitan Transit v Curtis Meck, 18-0458 (Tex. June 26, 2020) This is a Texas Tort Claims Act (TTCA) case involving a VIA bus accident where the Texas Supreme Court affirmed a jury award against VIA. VIA Metropolitan Transit is a governmental
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