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 […]
Category: 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) […]
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 […]
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, […]
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 […]
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 […]
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. […]
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, […]
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 […]
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 […]