Constitutional Challenge, Contracts, Declaratory Judgments, Injunction, Official/Qualified Immunity, Public Works, Sovereign Immunity, TOMA, TTCA, Ultra Vires

City waived immunity in breach of contract case for solid waste disposal services

City of Rio Grande City, Texas, and Joel Villarreal, Herman R. Garza III, Arcadio J. Salinas III, Rey Ramirez, and Dave Jones in their Official Capacities v. BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Rio Grande Valley,04-15-00729-CV (Tex.
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Declaratory Judgments, Employment Law, Injunction, Ultra Vires

Chapter 614 written notice to police officer unnecessary when actions personally observed by chief of police says 1st District Court of Appeals

Peter J. Paske, Jr. v. Joel Fitzgerald, Individually and in His Official Capacity as Chief of Police of City of Missouri City, and the City of Missouri City, Texas 01-15-00631-CV (Tex. App.- Houston [1st Dist.], June 23,2016) This is a police officer
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Constitutional Challenge, Declaratory Judgments, Land Use, Separation of Powers, Sign Regulation, Ultra Vires

City’s billboard registration fee determined to be unconstitutional tax

Reagan National Advertising of Austin, Inc. d/b/a Reagan National Advertising v. City of Austin, Texas; and Marc A. Ott, being sued in his Official Capacity 03-15-00370-CV (Tex. App.- Austin, June 15, 2016) This is a case to determine whether a billboard registration
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Board of Adjustment, Constitutional Challenge, Land Use, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, Takings, Ultra Vires, Zoning

Trial court properly dismissed various claims brought against Board of Adjustment

Glen Sumner v. Board of Adjustments of City of Spring Valley Village, Texas; The City of Spring Valley Village Texas, Art Flores, and Rickie Prichard 14-15-00149-CV (Tex. App- Houston [14th Dist.], May 17th 2016). This is a board of adjustment and takings
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Civil Service/Collective Bargaining, Contracts, Declaratory Judgments, Employment Law, Litigation, Procedure, Ultra Vires

Officer waived his right to appeal in last chance agreement so trial court was without jurisdiction said Austin Court of Appeals

The City of Austin Firefighters’ and police Officers’ Civil Service Commission, et al v William M. Stewart, No. 03-15-00591-CV (Tex. App. – Austin, April 14, 2016) This is a civil service employment dispute where the Austin Court of Appeals reversed the denial
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA, Ultra Vires

City and City officials not liable for malicious prosecution in case brought by park vendor

City of Dallas, et al v. Robert Groden 05-15-00033-CV (Tex. App. – Dallas, April 6, 2016). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a malicious prosecution case. The Dallas Court of Appeals reversed the
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Contracts, Litigation, Procedure, Sovereign Immunity, TTCA, Ultra Vires

Texas Supreme Court ends split in circuits and holds proprietary-governmental dichotomy exists in breach of contract cases

WASSON INTERESTS, LTD. v. CITY OF JACKSONVILLE, 14-0645 (Tex. April 1, 2016) This is a proprietary-governmental dichotomy in contracts case where the Texas Supreme Court ruled the dichotomy does exist within the context of breach of contract disputes. In the 1990s, the
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