February 3, 2023Agency, Constitutional Challenge, Mandamus, Sec. 1983, Sovereign Immunity, Uncategorized Texas Supreme Court holds wrongfully imprisoned man could not bring federal claims after accepting Tim Cole Act funds from Comptroller Brown v City of Houston, et al., 22-0256 (Tex, February 3, 2023) In response to a U.S. 5th Circuit certified question, the […]
August 22, 2021Litigation, Procedure, Sovereign Immunity, Uncategorized El Paso Court of Appeals holds since city appealed denial of a plea to the jurisdiction, but not the final judgment entered at the same time, court could not hear the appeal The City of Brady and Brady Police Department v. William Dale Scott, 08-20-00155-CV (Tex. App. – El Paso, Aug. 16, 2021). The […]
August 2, 2021Agency, Declaratory Judgments, Litigation, Procedure, Ultra Vires, Uncategorized Amarillo Court of Appeals holds committed individual cannot challenge commitment or conditions through secondary suit James Richards v. Marsha McLane, in Her Official Capacity as Director of the Texas Civil Commitment Office, 07-20-00306-CV, (Tex. App – Amarillo, […]
April 23, 2021Agency, Constitutional Challenge, Declaratory Judgments, Litigation, Uncategorized Texas Supreme Court holds ratepayer has standing to sue to challenge electric rate increase Data Foundry, Inc. v City of Austin, 19-0475 (Tex. April 9, 2021) This is a utility rate challenge case. However, the issue […]
April 14, 2021Agency, Attorney Fees, Declaratory Judgments, Litigation, Sovereign Immunity, Uncategorized San Antonio Court of Appeals holds city ethics commission properly ruled complainant’s filing was frivolous and could award sanctions Lakshmana Viswanath v. The City of Laredo, 04-20-00152-CV (Tex. App. – San Antonio, April 14, 2021) This is an appeal from a […]
February 9, 2020Litigation, Procedure, Uncategorized Texas Supreme Court holds a party sufficiently preserves an issue for review by arguing the issue’s substance, even if the party does not call the issue by name. St. John Missionary Baptist Church, et al, v Merle Flakes, et al, 18-0228, (Tex. Feb. 7, 2020). The Texas Supreme Court held […]
October 10, 2019Litigation, Mandamus, Uncategorized El Paso Court of Appeals reversed mandamus against JP holding rules applicable to justice/municipal courts allow “electronic” judgments In re Lujan, 08-15-00286-CV, 2019 WL 1922765, (Tex. App. – El Paso, April 30, 2019). This is a mandamus case involving and […]
August 9, 2019Constitutional 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 […]
December 3, 2018Uncategorized Did You Know: Common Citations For Weeds, Trash, Sanitation The governing body can regulate sewers and privies (Tex. Health & Safety Code Ann. § 342.002); trash, rubbish, filth, carrion, or other […]
July 19, 2018Uncategorized Claims against City for Sex-Offender Residency Registration Ordinance is moot after passage of Tex. Loc. Gov’t Code §341.906 Texas Voices for Reason and Justice, Inc. v. The City of Meadows Place, 14-17-00473-CV (Tex. App. – Houston [14th Dist.] July […]