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    • Ryan Scott Henry
    • Joshua Galicia
    • Alyssa J. Castillon
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    • Sonya Herrera
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    • Charles Willette, Jr.
    • Brenna Green
    • Jessica Mabs Johnson
    • Elizabeth Parra-Cox
    • Ashley S. Tello
    • Sharon Garces
    • Chandler Grace
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Category: Ultra Vires

June 16, 2022Declaratory Judgments, Mandamus, Sovereign Immunity, Ultra Vires

P&Z members immune from ultra vires actions from third parties in plat approval/denial proceedings

Josh Schroeder, et al. V Escalera Ranch Owners’ Association, Inc., No. 20-0855 (Tex. June 3, 2022) In this case, the Texas Supreme […]

November 28, 2021Attorney Fees, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Injunction, Litigation, Procedure, Ultra Vires

Amarillo Court of Appeals holds fire marshal’s office employs firefighters who are entitled to civil service protection

City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-20-00315-CV, (Tex. App – Amarillo, Nov. 18, 2021) […]

November 10, 2021Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Fourth Court of Appeals upholds injunction preventing Governor from prohibiting ordinances regulating face masks – Governor’s authority does not extent to local health and safety regulations with separate grants of authority

Greg Abbott, in his Official Capacity as Governor of Texas, and State of Texas v. City of San Antonio and County of […]

November 3, 2021Contracts, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity, Takings, Ultra Vires, Vested Rigths

First Court of Appeals holds 380 development agreement was an agreement for goods and services (waiving immunity) but dismissed all other claims brought against the City by the developer

Town Park Center, LLC v. City of Sealy, Texas, Janice Whitehead, Mayor, Lloyd Merrell, City Manager and Warren Escovy, Assistant City Manager, […]

August 22, 2021Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings, Ultra Vires

Fourth Court of Appeals holds plaintiff suing for BOA decision must be given opportunity to replead to show timing of when the BOA decision was filed in board’s offices

Alpha Securities, LLC, v City of Fredericksburg, 04-20-00447-CV (Tex. App. – San Antonio, Aug. 10, 2021, no pet h.). This is a […]

August 8, 2021Constitutional Challenge, Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

Trespass to try title claims failed to waive immunity, but court remanded to allow further pleading attempts

City of San Antonio v. Albert Davila, Individually; Madeline Davila, Individually; and Albert Davila as Trustee of the Albert Pena Davila and […]

August 5, 2021Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Ultra Vires

San Antonio Court of Appeals held City park and airport police could proceed with declaratory claims to establish collective bargaining rights

  City of San Antonio and Erik Walsh, in his Official Capacity v. San Antonio Park Police Officers Association, et al, 04-20-00213-CV, (Tex. […]

August 2, 2021Agency, Declaratory Judgments, Litigation, Procedure, Ultra Vires, Uncategorized

Amarillo Court of Appeals holds committed individual cannot challenge commitment or conditions through secondary suit

James Richards v. Marsha McLane, in Her Official Capacity as Director of the Texas Civil Commitment Office, 07-20-00306-CV, (Tex. App – Amarillo, […]

March 5, 2021Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Amarillo Court of Appeals holds Texas Attorney General immune from County’s claims regarding conceal handgun signs

Ken Paxton, Texas Attorney General v. Waller County Texas; et al, 07-20-00297-CV, (Tex. App – Amarillo, March 4, 2021) This is a […]

November 15, 2020Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Preemption, Procedure, Separation of Powers, Ultra Vires

El Paso Court of Appeals held Governor’s executive orders control over county judge order in the event of conflicts

State of Texas, et al v. El Paso County, Texas, et al., 08-20-00226-CV (Tex. App. – El Paso, Nov. 13, 2020). This […]

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