Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity, TOMA, Whistleblower

Texas Supreme Court holds no-evidence MSJ proper to challenge jurisdiction; TOMA waiver of immunity does not include declaratory judgment claims

Town of Shady Shores v Swanson, 18-0413 (Tex. Dec. 13, 2019) This is an employment case, but the focus on the opinion is a procedural one.  Importantly, the Texas Supreme Court held 1) a no-evidence motion for summary judgment was proper to
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Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Sovereign Immunity

Austin Court of Appeals holds Austin’s short-term rental regulations unconstitutional (assembly clause also declared fundamental right entitled to strict scrutiny)

  Ahmad Zaatari v City of Austin, 03-17-00812-CV (Tex. App. —  Austin, Nov. 27, 2019). This is a dispute regarding the City of Austin’s regulation on short-term rental properties. The Austin Court of Appeals reversed-in-part and affirmed-in-part the City’s plea to the
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Contracts, Declaratory Judgments, Litigation, Sovereign Immunity, TTCA

No waiver of immunity for city contract to install sewer lines on property says 4th Court of Appeals

Twanda Brown v. City of Ingram, 04-19–00508-CV (Tex. App. —  San Antonio, Nov. 20, 2019).   In this suit, the San Antonio Court of Appeals affirmed the granting of the City’s plea to the jurisdiction related to counterclaims regarding utility services.   The City of Ingram (“the City”) sued
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Constitutional Challenge, Declaratory Judgments, Discrimination, Employment Law, Injunction, Litigation, Procedure, Retaliation, Sovereign Immunity

Firefighter’s claims against City dismissed since no adverse employment actions occurred; only minor internal decisions

Billy Fratus v. The City of Beaumont, 09-18-00294-CV (Tex. App. – Beaumont, Oct. 10, 2019). This is an employment discrimination/retaliation/firefighter case where the Beaumont Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Fratus was a firefighter who
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Agency, Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Injunction, Litigation, Sovereign Immunity, TOMA

Beaumont Court of Appeals holds firefighter’s last-chance agreement in collective bargaining city deprived trial court of jurisdiction to hear appeal of indefinite suspension

  Michael Scott Nix v. City of Beaumont, 09-18-00407-CV (Tex. App. -Beaumont – Oct. 3, 2019)\ This is an interlocutory appeal in a firefighter suspension case where the Beaumont Court of Appeals affirmed the granting of the City’s plea to the jurisdiction.
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Constitutional Challenge, Litigation, Procedure, Sovereign Immunity, Takings

12th Court of Appeals holds a regulatory civil enforcement suit did not constitute a taking by a conservation district

Neches and Trinity Valleys Groundwater Conservation District v. Mountain Pure TX, LLC  12-19-00172-CV (Tex. App. – Tyler, September 18, 2019). This is a regulatory takings/compliance enforcement case where the Tyler Court of Appeals reversed the denial of a conservation district’s plea to
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