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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Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Structural Standards, Takings, Ultra Vires

Owner of demolished condo cannot piggyback on other owners’ attempts to appeal in order to obtain standing says Houston Court of Appeals

Lee Ann Wheelbarger v. City of El Lago and Richard Smith, 01-13-00704-CV (Tex. App. – Houston [1st Dist.], September 18, 2014), Wheelbarger owned a condominium (built in 1970s) in a complex called the Landing which was severely damaged by Hurricane Ike in
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