Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Mandamus, Procedure, Sovereign Immunity, Takings, Vested Rigths

City’s denial of plat application citing inconsistencies with “general plan” of city, without more, is insufficient and therefore vested rights are implicated

  The Village of Tiki Island, et al.  v. Premier Tierra Holdings Inc., 14-18-00014-CV (Tex. App. – Houston [14th Dist.], July 10, 2018) This is an interlocutory appeal in a land-use case were the 14th Court of Appeals affirmed the denial of
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Employment Law, Litigation, Procedure, Sovereign Immunity, Whistleblower

A police officer’s subjective preference for assignment is insufficient to prove a materially adverse personnel action says Dallas Court of Appeals

  City of Dallas v. Christopher Worden, 05-17-00490-CV )Tex. App. – Dallas, July 3, 2018). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Whistleblower Act case where the Dallas Court of Appeals reversed
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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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Public Works, Sovereign Immunity, TTCA

Developer’s asserted causal link between use of bulldozers and inability to timely sell lots is insufficient to establish waiver of immunity says 13th Court of Appeals

City of Weslaco v. Raquel Trejo and Roberto Trejo, 13-18-00024-CV (Tex. App. – Corpus Christi, June 21, 2018) This is an interlocutory appeal from the denial of the City’s plea to the jurisdiction in a Texas Tort Claims Act case where the
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Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Eminent Domain, Injunction, Land Use, Sovereign Immunity, Takings, Ultra Vires, Vested Rigths, Zoning

Zoning amendment was not retroactive and property owner had no vested interest in perpetual use of his property for a specific purpose says Dallas Court of Appeals

  Hinga Mbogo, et al. v. City of Dallas, et al. 05-17-00879-CV (Tex. App. – Dallas, June 19, 2018) This is an appeal from an order granting the City Defendants’ plea to the jurisdiction in a constitutional challenge to zoning laws. The
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Declaratory Judgments, Employment Law, Injunction, Litigation, Mandamus, PIA, Procedure, Sovereign Immunity

City of Houston can be sued by pension board for non-compliance with statutory pension provision and PIA

  City of Houston, et. al.  v. Houston municipal employees pension system, 17-0242, — S.W. 3d — (Tex. June 8, 2018). City of Houston created several local government corporations to which it transferred some of its employees. Specifically at issue is the
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