Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Structural Standards, Takings, Ultra Vires

Owner of demolished condo cannot piggyback on other owners’ attempts to appeal in order to obtain standing says Houston Court of Appeals

Lee Ann Wheelbarger v. City of El Lago and Richard Smith, 01-13-00704-CV (Tex. App. – Houston [1st Dist.], September 18, 2014), Wheelbarger owned a condominium (built in 1970s) in a complex called the Landing which was severely damaged by Hurricane Ike in
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Constitutional Challenge, Eminent Domain, Litigation, Nuisance, Public Works, Sovereign Immunity, Takings

No-evidence summary judgment is improper vehicle to make jurisdictional challenge says 14th Court of Appeals

Frank and Shelley Thornton v. Northeast Harris County MUD 1, 14-13-00890-CV (Tex. App. – Houston [14th dist.], July 24, 2014). This is an interlocutory appeal in a condemnation case where the property owner filed counter-claims. The Houston Court of Appeals for 14th
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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
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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
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Constitutional Challenge, Eminent Domain, Litigation, Public Works, Sovereign Immunity, Takings

Fact question exists on whether City substantially knew increased development would cause flooding says 2nd Court of Appeals

The City of Keller v. Hall, et al, 02-12-00061-CV (Tex. App. – Fort Worth, May 1, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a flooding/inverse condemnation case. The Fort Worth Court of Appeals
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