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Public Works, Sovereign Immunity, TTCA

City immune from trespass after all says 13th Court of Appeals on rehearing

May 17, 2013rhenry12598Leave a comment

Redburn v City of Victoria, 13-12-00215-CV, (Tex. Civ. App. – Corpus Christi, May 16, 2013, on rehearing). Back in February I reported this case which essentially held that the City and its employees could be held responsible for trespass claims. To read
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Declaratory Judgments, Litigation, Public Works, Sovereign Immunity

Court rejects AT&T’s attempt to circumvent sovereign immunity in line relocation case

May 11, 2013rhenry12598Leave a comment

Southwestern  Bell Telephone, D/B/A AT&T Texas v City of Houston et al, NO. 14-11-01115-CV, (Tex. Civ. App. Houston [14th  Dist.] May 9, 2013). This is a dispute on who must bear the cost of relocating AT&T’s telecommunication lines in the public right-of-way over
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Litigation

Failure to exhaust administrative remedies requires an evidentiary showing of policy and process says the 5th District COA.

May 4, 2013rhenry12598Leave a comment

Holmes v Southern Methodist University, No. 05-11-01178-CV (Tex. App. Dallas May 1, 2013). The moral to this story is if you are making an argument a plaintiff failed to exhaust administrative remedies, you had better make sure to attach evidence and statutory/policy
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Constitutional Challenge, Nuisance, Takings

Order to vacate for public safety equates to “public use” for takings analysis says 14th Court of Appeals.

May 4, 2013rhenry12598Leave a comment

Carleson, et al v City of Houston, NO. 14-12-00099-CV (Tex. App – Houston [14th Dist.] May 2, 2013). Plaintiffs owns several condominiums which the City determined were unsafe for habitation and which did not have certificates of occupancy (“C/O”).  After providing a
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Constitutional Challenge, Litigation, Nuisance, Search and Seizure

City not liable for emergency demolition of building; determination of “emergency” entitled to deference.

May 3, 2013rhenry12598Leave a comment

RBII,L.P. v City of San Antonio, No. 11–50626 (5th Cir. April 23, 2013). This is a structural standards case where the City of San Antonio demolished a substandard building but failed to provide notice within a specified time period.  Due to the
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Contracts, Sovereign Immunity

 Hospital District potentially liable for breach of contract but not quantum meruit.

May 2, 2013rhenry12598Leave a comment

Dallas County Hospital District v Hospira Worldwide, Inc., No. 05-12-00902-CV (Tex. App. – Dallas April 30, 2013) In this interlocutory appeal, the Dallas County Hospital District (“DCHD”) appealed the denial of a plea to the jurisdiction.  Hospira invoiced DCHD for certain medical
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Employment Law, Litigation

Trial court without jurisdiction over hearing examiner under CBA

May 1, 2013rhenry12598Leave a comment

City of Beaumont v Beaumont Professional Firefighters Local 399, NO. 14-12-00059-CV (Tex. App. – Houston [14th Dist.] April 30, 2013) This is related to an appeal from a hearing examiner’s award in which the trial court determined it did not have jurisdiction
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Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Sovereign Immunity

Professor loses in federal court due to pleading deficencies

May 1, 2013rhenry12598Leave a comment

Raj v Louisiana State University, et al, No. 12-30225, (5th Cir. April 19, 2013). Rai was a professor of biochemistry and obstetrics and gynecology at Louisiana State University (“LSU”) and brought claims for discrimination based on his race, religion, national origin, age,
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Constitutional Challenge, Nuisance, Public Works, Sovereign Immunity, Takings

City possibly liable for flooding due to development

May 1, 2013rhenry12598Leave a comment

The City of Austin v GHI Investments, LLC f/k/a GHI Partners, LLC, 03-12-00189-CV (Tex. App. – Austin April 30, 2013). This is an interlocutory appeal from the denial of the plea to the jurisdiction relating to inverse condemnation claims for flooding (takings
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Constitutional Challenge, Declaratory Judgments, Land Use

Federal judge writes with humor in denying SOB injunction.

April 30, 2013rhenry12598Leave a comment

35 Bar and Grill, et al v City of San Antonio, SA-13-CA-34-FB, U.S. District Court, Western District of Texas, San Antonio Division, April 29, 2013). Normally this appellate update is focused on appellate cases once opinions are issued. However, this U.S. District
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  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims
  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA

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  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims

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