Annexation, Declaratory Judgments, Sovereign Immunity, Ultra Vires

Interpretation of ordinance involving boundaries between two cities is not a “political question” but a matter of statutory construction says Texas Supreme Court

City of Ingleside v City of Corpus Christi, 14-0548 (Tex. July 24, 2015) This declaratory-judgment action involves a boundary dispute between the City of Ingleside and the City of Corpus Christi over the scope of an ordinance establishing the adjacent bay waters’
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Declaratory Judgments, Land Use, Litigation, Sovereign Immunity, Ultra Vires, Zoning

Association has standing to challenge validity of zoning change ordinance; Declaratory judgment actions do not intertwine jurisdiction with merits says Dallas Court of Appeals

  City Of Dallas and Larry Holmes, in his Official Capacity as Chief Building Official for the City of Dallas v. East Village Association, 05-14-01406-CV (Tex. App. –Dallas July 21, 2015. This is an interlocutory appeal from the denial of a plea
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Agency, Constitutional Challenge, Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

Texas Supreme Court creates new standard holding governmental regulations must be more than rationally related to governmental interest under Article I, § 19 of the Texas Constitution

ASHISH PATEL, et al  v. TEXAS DEPARTMENT OF LICENSING AND REGULATION, et al, 12-0657 (Tex. June 26, 2015) In this regulation case, the Texas Supreme Court held the Texas regulation for licensing of eyebrow threaders (the “Threaders”) is not rationally related to
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Agency, Declaratory Judgments, Employment Law, Litigation, Procedure, Ultra Vires

Police officer plaintiff failed to establish jurisdiction in Worker’s Compensation Act case

  Jamie Harvel and the Austin Police Association v Texas Department of Insurance- Division of Workers’ Compensation And Commissioner Rod Borderlon, In His Official Capacity, 13-14-00095-CV, (Tex. App.– Corpus Christi, May 21, 2015). This is an interlocutory appeal from the granting of
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Declaratory Judgments, Land Use, Litigation, Sovereign Immunity, TTCA, Ultra Vires, Vested Rigths

Suit against City employee, individually, dismissed, but ultra-vires claims remain even under Sec. 101.106 of Civil Practice and Remedies Code

Charles N. Draper v. Greg Guernsey, in his Capacity as Director of Planning and Development Watershed Protection Review Department; and City of Austin, 03-14-00265-CV (Tex. App. – Austin, February 25, 2015). This is a land-use dispute but the opinion focuses on the
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Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Mandamus, Procedure, Sovereign Immunity, Ultra Vires

Civil Service Director ordered to submit appeal to independent hearing examiner, but City immune from damages

Richard Stubbs v. The City of Weslaco, et al., 13-14-00054-CV (Tex. App. —  Corpus Christi, January 8, 2015). This is an appeal from the dismissal of a mandamus action where the 13th Court of Appeals reversed the dismissal and ordered the trial
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Civil Service/Collective Bargaining, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Procedure, Sovereign Immunity, Ultra Vires

City not liable for back pay or reinstatement for initially failing to provide a hearing with hearing examiner but court has jurisdiction to issue prospective relief if appropriate

Michael Hamilton v. Mark Washington, in his Capacity as City of Austin Civil Service Director, et al., 03-11-00594-CV (Tex. App. Austin, December 23, 2014) This is an appeal from the granting of a plea to the jurisdiction in a civil service indefinite
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