Litigation, Procedure, Sovereign Immunity, TTCA

Dallas Court of Appeals holds coordination of extra-duty assignments for police officers is a governmental function – Plaintiffs required to provide proper notice of claim under TTCA

Town of Highland Park v. Tiffany Renee McCullers, individually and for the benefit of Calvin Marcus McCullers and Calvin Bennett McCullers and ANF of C.J., Minor, and Sonya Hoskins, et al, 05-19-01431-CV, (Tex. App – Dallas, June 29, 2021) This is a
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Declaratory Judgments, Land Use, Zoning

Texas Supreme Court holds historic preservation ordinance is not “zoning” but must still comply with certain Chapter 211 requirements

Powell, et al., v City of Houston, 19-0689 (Tex. June 4, 2021) The Texas Supreme Court determined that Houston’s Historic Preservation Ordinance was not a zoning ordinance and therefore the zoning restrictions under state law do not apply. However, certain provisions of
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Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Sovereign Immunity, Takings

Fort Worth Court of Appeals holds oral pronouncements from bench cannot be considered when appealing a written order granting Town’s plea to the jurisdiction

John Artuso v. Town of Trophy Club, Texas, 02-20-00377-CV, (Tex. App – Fort Worth, May 13, 2021) This is a negligence, taking,  and declaratory judgment action where the Fort Worth Court of Appeals affirmed the granting of the Town’s plea to the
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Declaratory Judgments, Litigation, Mandamus, PIA, Procedure

Eastland Court of Appeals holds City failed to obtain ruling on special exceptions, therefore it could not complain about a lack of factual specificity in the pleadings within its plea to the jurisdiction

City of Odessa, Texas v. AIM Media Texas, LLC d/b/a The Odessa American, 11-20-00229-CV  (Tex. App. – Eastland, May 13, 2021). This is a Public Information Act (“PIA”) case where the Eastland Court of Appeals held the Plaintiff had properly fallen under
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Constitutional Challenge, Litigation, Procedure, Sec. 1983

U.S. Fifth Circuit holds court can dismiss claims sua sponte when party has had ample opportunity to amend deficient pleadings

Anokwuru v. City of Houston, et al., No. 20-20295 (5th Cir. March 16, 2021) This is a racial discrimination/§1983 case where the U.S. Fifth Circuit Court of Appeals affirmed the district court’s Rule 12(b)(6) dismissal. The Houston Police Department was investigating an
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Litigation, Sovereign Immunity, TTCA

The emergency exception to the Tort Claims Act preserves immunity from car accident damages and injuries caused by a fire hose falling from a fire truck en route to a fire.   

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Nathan White v. City of Houston, No. 01-20-00415-CV (Tex. App.—Houston  March 25, 2021). In this appeal from a trial court’s holding that the city retained immunity under the emergency exception to
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