Agency, 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 is an interlocutory appeal from the denial of the temporary injunction involving a conflict between the county judge’s executive order
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Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Injunction, Litigation, Procedure, Ultra Vires

Austin Court of Appeals holds that under the Civil Service Act applied to police officers, a reinstatement list must factor in seniority in the position being demoted and not seniority in the department

Bradley Perrin v. City of Temple, et al, 03-18-00736-CV, (Tex. App – Austin, Nov. 6, 2020) This is an employment dispute in a civil service police department with crossclaims and a host of procedural matters. The Austin Court of Appeals ultimately held
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Agency, Constitutional Challenge, Declaratory Judgments, Sovereign Immunity, Ultra Vires

The Third Court of Appeals held that no implied authority exists for actions of a state agency without a showing that the implied authority is required to effectively perform a statutorily expressed responsibility.   

Special contributing author Laura Mueller, City Attorney for Dripping Springs University of Texas at Austin President Jay Hartzell, et al. v. S.O., et al., No. 03-19-00131-CV (Tex. App.—Austin September 4, 2020). In this ultra virus University case, the plaintiff sued University officials
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Contracts, Declaratory Judgments, Injunction, Sovereign Immunity, Ultra Vires

San Antonio Court of Appeals holds governmental immunity bars both suit and liability where the ‘only plausible remedy’ is invalidation of a government contract.

City of San Antonio v. Patrick Von Dohlen, et al., 04-20-00071-CV (Tex. App.—San Antonio Aug. 19, 2020)  This is an interlocutory appeal from the denial of a plea to the jurisdiction and Rule 91a motion to dismiss filed by the City of
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Constitutional Challenge, Declaratory Judgments, Elections, Litigation, Public Works, Tax, Ultra Vires

Taxpayer lacked standing to challenge Houston drainage fee ordinance despite charter election invalidity

Elizabeth C. Perez v. Sylvester Turner, et al., 01-16-00985-CV (Tex. App. – Hous. [1st Dist], Oct. 15, 2019) This is a long standing/multi-opinion dispute challenging the City of Houston’s drainage fee ordinance. Prior summaries found here and here. In this substituted opinion
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Constitutional Challenge, Declaratory Judgments, Injunction, Sovereign Immunity, Ultra Vires, Uncategorized

Developer properly pleaded claims County failed to maintain roadways, Fort Worth Court of Appeals says

Wise County, et al v. Katherine Mastropiero,  02-18-00378-CV (Tex. App. – Fort Worth, August 9, 2019) In this case, the Fort Worth Court of Appeals held that the district court had jurisdiction to hear a property owner’s claims the County must maintain
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Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, TTCA, Ultra Vires

Eastland Court of Appeals holds erroneously calling the police is a discretionary act exempting employees from ultra vires claims

The University of Texas of the Permian Basin et al. v. Michael Banzhoff, 11-17-00325-CV (Tex. App. – Eastland, May 31, 2019). This is an ultra vires and abuse of process case where there Eastland Court of Appeals held the University of Texas
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