Contracts, Declaratory Judgments, Injunction, Public Works, Sovereign Immunity

Contract for sale of waste water to golf course is a governmental function and no waiver of immunity exists for breach claim

City of Merkel v Copeland, 11-16-00323-CV (Tex. App. — Eastland, October 18, 2018).  This is a governmental immunity/breach of contract claim where the Eastland Court of Appeals reversed the denial of the City’s plea to the jurisdiction.  The City entered into a
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Board of Adjustment, Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

Board of Adjustment’s plea on declaratory judgment claim granted as UDJA is a redundant remedy says Austin Court of Appeals

  City of Wimberley Board of Adjustment v. Creekhaven, LLC; and William D. Appleman, 03-18-00169-CV (Tex. App. – Austin, October 18, 2018) This is a board of adjustment appeal case where the Austin Court of Appeals reversed the denial of the City’s
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Litigation, Sovereign Immunity, TTCA

Husband’s testimony greasy area had cones, but warning was inadequate was enough to create fact issue on plea to the jurisdiction says 1st Court of Appeals in Houston

City of Houston v. Marion Crawford, 01-18-00179-CV (Tex. App. – Houston [1st Dist.], October 9, 2018) This is a premise defect case where the First District Court of Appeals in Houston affirmed the trial court order denying the City’s plea to the
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Health and Safety, Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

Lack of due care finding by accident review board is evidence only of negligence, not recklessness under emergency responder exception to TTCA

Harris County v. George J. Spears, 14-17-00662-CV (Tex. App. – Houston [14th Dist.], September 25, 2018) This is an interlocutory appeal where the Fourteenth Court of Appeals reversed the denial of the County’s plea to the jurisdiction in this emergency responder/vehicular accident
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Litigation, Sovereign Immunity, TTCA

Austin Court of Appeals holds vehicle barrier into parking lot was not a traffic control device; therefore plaintiff injured by tripping on barrier must proceed under premise defect theory

Texas Facilities Commission v. Courtland Speer, 03-17-00244-CV (Tex. App. – Austin, August 31, 2018). This is a Texas Tort Claims Act (“TTCA”) trip and fall case where the Austin Court of Appeals reversed the denial of the Commission’s plea to the jurisdiction. The
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Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

Ex-employee failed to file supplemental EEOC charge, so failed to exhaust administrative remedies says Eastland Court of Appeals

  Christopher Wernert v. City of Dublin, 11-16-00104-CV (Tex. App. – Eastland, August 30, 2018). This is an employment discrimination case were the Eastland Court of Appeals affirmed the granting of the City’s dispositive motion. Wernert was a police officer for the
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Litigation, Sovereign Immunity, TTCA

County immune from suit brought by late Judge’s widow asserting her husband was exposed to asbestos in the Jefferson County courthouse and subsequently died.

Jefferson County, Texas v. Ellarene Farris, et al., 01-17-00493-CV (Tex. App. – Houston [14th Dist.], August 31, 2018). This is an interlocutory appeal in a wrongful death case where the 14th Court of Appeals reversed the denial of Jefferson County’s plea to
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