Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Sovereign Immunity, Takings

First District Court of Appeals holds property owner could not bring a takings claim based on judicial order regarding substandard building

Jaime Jaramillo v. The City of Texas City, 01-20-00654-CV, (Tex. App.—Houston [1st Dist.], Feb. 8, 2022, no pet. h.) (mem. op.). This is a takings case brought after the City initiated an enforcement action for a dilapidated building. The First District Court
Read More

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

Texas Supreme Court holds the law requires more than conclusory references to the statute’s elements in order to waive immunity

Patrick Von Dohlen, et. al., v City of San Antonio, 20-0725 (Tex. April 1, 2022) This is a declaratory judgment – statutory cause of action case brought against the City of San Antonio (“City”) for violating Chapter 2400 of the Texas Government
Read More

Litigation, Sovereign Immunity, TTCA

In police pursuit case, Texas Supreme Court holds 1) deviation from policy waives immunity only if lights or sirens are required, 2) officer exceeding the speed limit is part and parcel of a police chase and not not inherently reckless and 3) no independent waiver of immunity for negligent implementation of policy

  City of San Antonio v Maspero, et al. 19-1144 (Tex. Feb. 18, 2022) This is a Texas Tort Claims Act (“TTCA”) vehicle accident case where the Texas Supreme Court dismissed the Plaintiffs’ claims for lack of jurisdiction. Plaintiffs contend that their
Read More

Litigation, Procedure, Sovereign Immunity, TTCA

The emergency exception to the Tort Claims not grounds for jurisdictional plea when factual disputes exist regarding an officer’s recklessness

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Houston v. Crystal Green, No. 14-20-00190-CV (Tex. App.—Houston [14th Dist.] Jan. 11, 2022) (mem. op.). In this appeal from a trial court’s denial of the city’s motion for summary judgment,
Read More

Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

14th Court of Appeals holds officer was not entitled to official immunity – proper focus is on the actions which caused the plaintiff’s injury, not on the overall investigation the officer was performing

Nicholas Hulick v. City of Houston, 14-20-00424-CV  (Tex. App. Houston [14th Dist.], Feb. 1, 2022) This is a Texas Tort Claims Act (“TTCA”)/ vehicle accident case where the Fourteenth District reversed the granting of the City’s plea to the jurisdiction based on
Read More

ADA, Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea to the jurisdiction.

A defendant attempting to obtain dismissal for lack of evidence must use a no-evidence motion for summary judgment, not a no-evidence plea to the jurisdiction. Special contributing author Laura Mueller, City Attorney for Dripping Springs Edinburg Consol. Ind. Sch. Dist. V. Ayala,
Read More

Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Takings, Vested Rigths, Zoning

Fort Worth Court of Appeals holds Plaintiffs properly plead constitutional challenges to City’s short-term rental ordinance

  City of Grapevine v. Ludmilla B. Muns, et al, 02-19-00257-CV (Tex. App. – Fort Worth, Dec. 23, 2021) This is an opinion on rehearing where the Fort Worth Court of Appeals reversed in part and affirmed in part the trial court’s
Read More

Declaratory Judgments, Eminent Domain, Litigation, Procedure, Sovereign Immunity, Takings

Fort Worth Court of Appeals holds one city was not entitled to a plea to the jurisdiction in condemnation suit brought by adjoining city

Town of Westlake, Texas v. City of Southlake, 02-21-00241-CV  (Tex. App. – Fort Worth, Dec. 23, 2021) This is an interlocutory appeal from the denial of the Town of Westlake’s plea to the jurisdiction in a case where the City of Southlake
Read More

Declaratory Judgments, Health and Safety, Injunction, Land Use, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings, Zoning

Texarkana holds city properly supported its summary judgment to permanently enjoin mobile home park

Polecat Hill, LLC, et al. v. City of Longview, Texas, et al. 06-20-00062-CV (Tex. App. – Texarkana, December 2, 2021). This is a nuisance/permit case brought under Chapter 54 of the Texas Local Government Code where the Texarkana Court of Appeals affirmed
Read More