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
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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
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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
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Agency, Declaratory Judgments, Sovereign Immunity, Ultra Vires

A determination that is wrongly decided does not render that decision outside an official’s authority for ultra vires purposes says 13th Court of Appeals.

Cameron County Appraisal District and Frutoso Gomez v. Thora O. Rourk, Et Al. 13-15-00026-CV (Tex. App. – Corpus Christi, January 28, 2016). This is primarily a Uniform Declaratory Judgment Act (“UDJA”)/Ultra Vires case but with the underlying claim asserting a tax on
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Employment Law, Litigation, Procedure, Sovereign Immunity, Whistleblower

Plea was properly denied due to need to develop record; further split in courts of appeal regarding jurisdictional nature of SOL continues

Beaumont Independent School District v. George W. Thomas Jr. 09-15-00029-CV (Tex. App. – Beaumont, January 28, 2016). This is a Texas Whistle Blower Act case where the Ninth Court of Appeals affirmed in part and reversed in part the denial of a
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Contracts, Declaratory Judgments, Litigation, Procedure, Public Works, Sovereign Immunity

Fourth Court holds notice provisions in a contract cannot be addressed in a plea to the jurisdiction since they can be waived.

City of San Antonio v. Casey Industrial, Inc. 04-14-00429-CV (Tex. App. – San Antonio, January 27, 2016) This is an immunity in contract case where the Fourth Court of Appeals first issued an opinion in July of 2015 upholding the City’s immunity
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