Constitutional Challenge, Employment Law, Litigation, Procedure, Sec. 1983, Sovereign Immunity, Ultra Vires

Tex. Gov’t Code Chapter 614 complaint procedures do not create a constitutional property interest to employment says U.S. 5th Circuit.

Stem v. Gomez No. 15-50264 (5th Cir. February 8, 2016) This is an appeal from a dismissal for failure to state a claim where the United States 5th Circuit Court of Appeals reversed in part and affirmed in part a constitutional claim
Read More

Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Nuisance, Official/Qualified Immunity, Sovereign Immunity, Takings, TOMA, Ultra Vires

Property owners cannot sue on City’s right to amend deed restrictions on lots it owns or create City park; increased traffic and noise cannot be basis for inverse condemnation claim

The City of Friendswood and Kevin Holland v. Paul and Carolyn Horn, et al., 01-15-00436-CV (Tex. App. – Houston [1st Dist.], February 11, 2016). This is essentially an inverse condemnation case where the First Court of Appeals reversed the denial of a
Read More

Official/Qualified Immunity, Sovereign Immunity, TTCA

County did not present sufficient evidence to place jurisdictional facts into question in car accident case says 13th Court of Appeals

Hidalgo County, Texas v. Michael Calvillo, et al., 13-15-00261-CV (Tex. App. – Corpus Christi, February 11, 2016). This is a Texas Tort Claims Act (“TTCA”) case involving a vehicle collision with a Hidalgo County Sheriff’s Deputy in which the 13th Court of
Read More

Litigation, Sovereign Immunity, TTCA

Employee witnessing one fall in general location is not actual knowledge of a dangerous condition sufficient to attribute liability to second fall says Austin Court of Appeals

The University of Texas at Austin v. William A. Bellinghausen, Jr. 03-14-00749-CV (Tex. App. – Austin, February 3, 2016) This is an interlocutory appeal in a premise defect case where the Austin Court of Appeals reversed the denial of a plea to
Read More