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

Fact question on whether trooper slowed before intersection precluded plea to the jurisdiction says El Paso Court of Appeals

Texas Department of Public Safety v. Merardo Bonilla, 08-13-00117-CV (Tex. App. – El Paso, May 30, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction in vehicle accident case under the Texas Tort Claims Act (“TTCA”).
Read More

Constitutional Challenge, Declaratory Judgments, Litigation, Separation of Powers, Sovereign Immunity

13th Court of Appeals holds determination of City boundaries is a political question that courts have no jurisdiction to hear

CITY OF CORPUS CHRISTI, TEXAS v. CITY OF INGLESIDE, 13-13-00088-CV (Tex. App. – Corpus Christi, May 29, 2014). This is a dispute between two cities and their municipal boundaries where the definition of “shoreline” in their ordinances became critical. The trial court
Read More

Constitutional Challenge, Health and Safety, Litigation, Nuisance, Public Works, Sovereign Immunity, Structural Standards, Takings

Appellant did not submit court records, so waived takings and structural standards appeal

Samuel T. Russell v. City of Dallas, 05-13-00061-CV (Tex. App. – Dallas, May 16, 2014). This is a substandard building case where Russell challenged the demolition of a building on his property and brought a takings claim against the City. The trial
Read More

Constitutional Challenge, Litigation, Public Works, Sovereign Immunity, Takings, TTCA

City not liable for takings, but may be for proprietary acts causing electrical line fire says Austin Court of Appeals

The City of Austin d/b/a Austin Energy v. Liberty Mutual Insurance, et al  03-13-00551-CV (Tex. App. – Austin, May 16, 2014). This is an interlocutory appeal in an inverse-condemnation and TTCA case where the trial court denied the City’s Rule 91a motion
Read More