Constitutional Challenge, Contracts, Nuisance, Public Works, Sovereign Immunity, Takings, TTCA

Tyler Court of Appeals holds District is immune from sewer backup as 20 year old plastic coupler which failed was not part of the motor system

Sean Self v. West Cedar Creek Municipal Utility District, 12-20-00082-CV, (Tex. App – Tyler, Jan. 6, 2021) This is an appeal from the granting of a plea to the jurisdiction in a sewage backup case in which the Tyler Court of Appeals
Read More

Constitutional Challenge, Contracts, Declaratory Judgments, Litigation, Sovereign Immunity

The Tenth Court of Appeals held immunity waived for airport lease based on improvements made by tenant

  Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Cleburne v. RT General, LLC, No. 10-20-00037-CV (Tex. App.—Waco  December 16, 2020) (mem. op.). This is an interlocutory appeal from a trial court denial of the city’s plea to
Read More

Litigation, Sovereign Immunity, TTCA

The Eleventh Court of Appeals held that failure to monitor or provide medical care for an inmate who was injured in a county jail is insufficient to waive immunity under the Tort Claims Act.   

  Special contributing author Laura Mueller, City Attorney for Dripping Springs James Garms v. Comanche County, No. 11-19-00015-CV (Tex. App.—Eastland   December 18, 2020) (mem. op.). In this appeal from a trial court’s judgment granting the city’s plea to the jurisdiction on a
Read More

Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

Beaumont Court of Appeals held Plaintiff failed to overcome emergency responder exception under Texas Tort Claim Act in vehicle accident case

Texas Dept. of Pub. Safety v. Kendziora, 09-19-00432-CV (Tex.App.—Beaumont, Nov. 5, 2020) This is an interlocutory appeal from the denial of Texas DPS’s plea to the jurisdiction in a case involving a car accident while a DPS trooper (“Chapman”) was responding to
Read More

Litigation, Procedure, Sovereign Immunity, TTCA

The Sixth Court of Appeals affirmed the dismissal of TTCA case because the trial court was not required to review a late-filed amended petition in making its decision on summary judgment. 

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Raul Gonzales v. City of Farmers Branch, No. 06-20-00054-CV (Tex.App.—Texarkana  November 5, 2020) (mem. op.). This is a Texas Tort Claims Act (“TTCA”)/vehicle accident case where the Texarkana Court of Appeals
Read More

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

14th District Court of Appeals holds all elements of a circumstantial-evidence retaliation claim (including pretext) are jurisdictional, plus court lacked jurisdiction over Plaintiff’s discrimination claim

    Margaret Fields v. Houston Indep. Sch. Dist., 14-19-00010-CV (Tex. App.—Houston [14th Dist.] Oct. 15, 2020) This is an employment discrimination and retaliation case where the Houston Court of Appeals (14th Dist.) affirmed the granting of the school district’s plea to
Read More

Board of Adjustment, Declaratory Judgments, Land Use, Litigation, Sovereign Immunity, Takings, Vested Rigths, Zoning

Property owner failed to allege Ch. 211 or 245 claims for zoning change; failure-to-exhaust-remedies bar applied to inverse-condemnation claim

  City of Dickinson v Stefan, 14-18-00778-CV, (Tex. App. – Houston [14th Dis.], Oct. 27, 2020) Stefan operated his home computer business in a residential zone, but allowed his church group to host events, including weddings on the property.  The City changed
Read More

Litigation, Procedure, Sovereign Immunity, TTCA

Plaintiff failed to allege breach of heightened burden under Recreational Use Statute, but should be given opportunity to amend holds Fort Worth Court of Appeals

The City of Fort Worth v. Wesley Rust, 02-20-00130-CV (Tex. App. – Fort Worth, Oct. 22, 2020) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Tort Claims Act (“TTCA”)/Recreational Use Statute (“RUS”) case.
Read More