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

Texas Supreme Court holds county commissioner has no authority over plats, so is an improper party to suit by developer

W.A “Andy” Meyers, individually and in his capacity as Fort Bend County Commissioner v. JDC/Firethorne, LTD., a Texas limited partnership; from Fort Bend County; 14th Court of Appeals District (14-15-00860-cv, 514 sw3d 279, 12-22-16) In this land development suit, the Texas Supreme
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Public Works, Sovereign Immunity, TTCA

Evidence of a shorted-out lift pump on one day, is not evidence of faulty motor driven equipment on a different day says 13th Court of Appeals

  City of Edinburg v. GNJ Realty Investments LLC, 13-17-00290-CV (Tex. App.—Corpus Christi-Edinburg August 22, 2017). This is an interlocutory appeal in a Texas Tort Claims Act (“TTCA”)/sewage backup case involving alleged negligent operation of a motor-driven lift pump. The 13th Court
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Litigation, Procedure, Sovereign Immunity, TTCA

Texas Supreme Court holds TTCA caps are cumulative, inclusive of independent contractors and their employees performing governmental functions

  Fort Worth Transportation Authority, et al., v Rodriquez, et al., 16-0542 (Tex. April 27, 2018) This is a statutory-construction case on the damages-cap and election-of-remedies under the Texas Tort Claims Act (“TTCA”). After Peterson, a pedestrian, was struck and killed by
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