Agency, Constitutional Challenge, Declaratory Judgments, Health and Safety, Nuisance, Takings

Junk vehicle owner failed to establish ownership in municipal court, so was not entitled to sue for taking in later suit

  Jane Vorwerk v. City of Bartlett and John Landry Pack, Mayor, 03-21-00001-CV, (Tex. App – Austin, August 6, 2021) The Bartlett Municipal Court declaring a 1986 Toyota mobile home to be a junk vehicle. The municipal court found that defendant James
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Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Sovereign Immunity, Takings

Fort Worth Court of Appeals holds oral pronouncements from bench cannot be considered when appealing a written order granting Town’s plea to the jurisdiction

John Artuso v. Town of Trophy Club, Texas, 02-20-00377-CV, (Tex. App – Fort Worth, May 13, 2021) This is a negligence, taking,  and declaratory judgment action where the Fort Worth Court of Appeals affirmed the granting of the Town’s plea to the
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Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Procedure, Takings

Property owner not entitled to de novo review of nuisance determination says Austin Court of Appeals

Mark Groba v. The City of Taylor, Texas, 03-19-00365-CV (Tex. App. – Austin, Feb. 3, 2021) In this nuisance abatement case, the Austin Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Groba, a real property owner, was
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Agency, Constitutional Challenge, Litigation, Sec. 1983, Takings

U.S. 5th Circuit holds property owner’s federal Clean Water Act claim against Town for improper discharge was proper due to lack of comparable state regulation

Stringer v. Town of Jonesboro, 20-30192 (5th Cir. Jan. 18, 2021) In this §1983 taking suit and federal Clean Water Act (“CWA”) case, the U.S. 5th Circuit held the Plaintiff’s §1983 suit for damages due to sewage backup was barred, but not
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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
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Agency, Declaratory Judgments, Injunction, Takings, Vested Rigths

The Tenth Court of Appeals affirmed the trial court’s summary judgment against the plaintiff developer because it did not challenge all possible grounds supporting the summary judgment order

  Special contributing author Laura Mueller, City Attorney for Dripping Springs David A. Bauer, et al. v. City of Waco, No. 10-19-00020-CV (Tex. App.—Waco  December 9, 2020) (mem. op.). The Waco Court of Appeals affirmed a trial court’s judgment dismissing the plaintiff’s
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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
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Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings

Beaumont Court of Appeals holds pro se Plaintiff did not establish entitlement to injunctive relief to prevent demolition of building

Rema Charles Wolf v. City of Port Arthur, 09-19-00047-CV, (Tex. App – Beaumont, Aug. 6, 2020) This is an interlocutory appeal from the denial of a temporary injunction request by a pro se property owner. Pro se Plaintiff Wolf sued the City
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Constitutional Challenge, Declaratory Judgments, Health and Safety, Sec. 1983, Sovereign Immunity, Takings

Waco Court of Appeals holds an allegation of overzealous code enforcement actions is inadequate to establish a substantive due process violation when regulations are enforceable.

Special contributing author Laura Mueller, City Attorney for Dripping Springs House of Praise Ministries, Inc. v. City of Red Oak, Texas, 10-19-00195-CV (Tex. App.—Waco, Aug. 6, 2020). In this substantive due process case, the Waco Court of Appeals affirmed a trial court’s
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Attorney Fees, Constitutional Challenge, Contracts, Eminent Domain, Injunction, Land Use, Litigation, Procedure, Public Works, Sovereign Immunity, Takings

Fort Worth Court of Appeals analyzes the law-of-the-case doctrine and determines private property owners did not establish claims against a city regarding fee simple land ownership

City of Mansfield, et al., v Saverings, et al, 02-19-00174-CV (Tex. App. – Fort Worth, July 16, 2020) In this lengthy opinion, the Fort Worth Court of Appeals holds certain private property owners did not establish a right to declaratory relief regarding
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