Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Procedure, Sovereign Immunity, Ultra Vires

Dallas Court of Appeals disagrees with El Paso Court of Appeals and holds civil service commission dismissal of grievance is still subject to appeal to district court

Rodney D. Bailey v. Dallas County, et al.,  05-16-00789-CV (Tex. App. – Dallas, December 21, 2017) This is a county civil service case where the Dallas Court of Appeals affirmed-in-part and reversed-in-part the County Defendants’ plea to the jurisdiction filed in a
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Constitutional Challenge, Declaratory Judgments, Litigation, Mandamus, Procedure, Sec. 1983, Separation of Powers, Sovereign Immunity, Tax, Ultra Vires

El Paso Court of Appeals holds non-appearance jurors failed to show waiver of immunity in contempt/fee challenge case but should be allowed to amend.

Joshua Luttrell, et al v. El Paso County, et al., 08-16-00090-CV (Tex. App. – El Paso, December 20, 2017). There is no way to categorize this case in a single sentence. In the thirty-nine page opinion, the El Paso Court of Appeals
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Ultra Vires

Texarkana Court of Appeals holds the vote and decision not to vote on District business cannot be an ultra vires claim

Kilgore Independent School District, et al. v. Darlene Axberg, John Claude Axberg, Sheila Anderson, and the State of Texas 06-17-00060-CV (Tex.App— Texarkana, October 12, 2017) This is an appeal from the denial of a plea to the jurisdiction where property owners brought
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Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Ultra Vires

District immune from suit challenging the validity of district actions, but Plaintiff entitled to replead as ultra vires claim

 Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1 (Cross-Appellee) v. Bandera County River Authority and Groundwater District (Cross-Appellant) 04-16-00536-CV (Tex.App— San Antonio, September 13, 2017) This is a declaratory judgment case between two local governmental entities. The San Antonio Court of
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Declaratory Judgments, Injunction, Litigation, Procedure, Sec. 1983, Sovereign Immunity, Takings, Ultra Vires

Town immune from claims to invalidate vote where no ordinance was actually adopted says Fort Worth Court of Appeals

Peter Schmitz, et al  v. Town of Ponder, Texas, et al. 02-16-00114-CV, (Tex. App. – Fort Worth, August 31, 2017). This is an appeal from a final judgment against the Plaintiffs who attempted to force the Town to enforce its zoning laws
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Contracts, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Ultra Vires

Interlocutory appeal mooted by Plaintiff’s non-suit, even though Plaintiff refiled similar suit directly after dismissal

City of Sealy, et al.  v. Town Park Center, 01-17-00127-CV (Tex. App. – Houston [1st Dist.], August 24, 2017). This is an opinion where the court held the appeal is moot, but where the City asserted mootness was not applicable due to
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Ultra Vires

Inmate’s ultra vires suit against DA, courts, and county dismissed due to claim for retrospective relief

Smith v. District Attorney’s Office for Smith County, et al.  03-16-00828-CV (Tex. App. – Austin, August 23, 2017) This is an inmate declaratory judgment case relating to the inmate’s conviction in which the Austin Court of Appeals affirmed the dismissal of the
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Declaratory Judgments, Elections, Mandamus, Ultra Vires

Dallas Court of Appeals dismisses referendum/mandamus claims against council but allows mandamus claims to go forward to trial against City Secretary

City of Plano, Texas, et al. v. Elizabeth Carruth, et al.  05-16-00573-CV (Tex. App— Dallas, February 23, 2017) This is a referendum case where the Dallas Court of Appeals dismissed all but one of the Plaintiffs’ claims under a plea to the
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