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Category: Sovereign Immunity

Sovereign Immunity

Tree roots are special defects and City responsible for real property it does not own says 1st Court of Appeals.

March 20, 2013rhenry12598Leave a comment

City of Houston v Cogburn, NO. 01-11-00318-CV, (Tex. Civ. App. – Houston [1st dist.] March 19, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction arising out of a premise/special defect case.  The Plaintiff, Cogburn, parked
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Sovereign Immunity

1st Court of Appeals holds “actual knowledge” of a dangerous condition is required for beach deaths.

March 7, 2013rhenry12598Leave a comment

City of Texas City v Suarez, NO. 01-12-00848-CV, (Tex. Civ. App. – Galveston, March 7, 2013). This is a Texas Tort Claims Act (“TTCA”)/ Recreational Use Statute (“RUS”) interlocutory appeal case where the Court of Appeals determined the City retained immunity for
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Nuisance, Sovereign Immunity

13th COA Holds City and Employees Can be Sued for Trespass

February 28, 2013rhenry12598Leave a comment

Redburn v City of Victoria, 13-12-00215-CV, (Tex. Civ. App. – Corpus Christi, February 28, 2013). Redburn purchased two tracts of property in 2004, one of which had a pre-existing concrete culvert which has been part of the City’s Storm Sewer System.  After
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Sovereign Immunity

County’s Mtn to Dismissed Denied Due to Fact Question

February 21, 2013rhenry12598Leave a comment

San Jacinto County Sheriff’s Office v. Sabrina Butler, NO. 09-12-00442-CV, Court of Appeals for the Ninth District (February 21, 2013) This case is an interlocutory appeal from the denial of a motion to dismiss. The suit arises out of a collision involving
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Litigation, Sovereign Immunity

Appellate Court Holds It No Longer Has Interlocutory Jurisdiction

January 31, 2013rhenry12598Leave a comment

City of Houston v Aster This is on a motion to reconsider en banc which the court granted and issued this substitute ruling.  Aster alleges the City of Houston beached a contract for a construction project and certain computer and technical services. 
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  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call
  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
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  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call

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