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Litigation, Zoning

Court of Appeals Upholds Substandard Building Demolition

February 6, 2013rhenry12598Leave a comment

Wood v City of Texas City This is a public nuisance/substandard building case in a city utilizing a Buildings and Standards Commission. Wood owned, among many others, two properties in Galveston County which he purchased at a foreclosure sale. Following Hurricane Ike,
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Eminent Domain

5th Circuit Rules Assessments Not Recoverable in Eminent Domain Case

February 4, 2013rhenry12598Leave a comment

United States v. Land No. 11-31167 http://www.ca5.uscourts.gov/opinions/pub/11/11-31167-CV0.wpd.pdf In this eminent domain case, the Court rules that an association’s right to collect assessments is “property,” but concludes that its diminution is not a compensable interest under the Takings Clause.  While this is a
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Zoning

BOA reversed for using incorrect standard of review after attorney’s advice

February 1, 2013rhenry12598Leave a comment

LIT HW 1, L.P. v Town of Flower Mound et al. LIT owns a warehouse in Flower Mound which it leases to an electrical component recycler.  The Town adopted the 2006 version of the International Building Code.  LIT did not have heating
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PIA

Private Company Check Register Held Subject to Public Information Act

January 31, 2013rhenry12598Leave a comment

Greater Houston Partnership v Gregg Abbott, Texas Attorney General This is a Public Information Act (PIA) case, but not your typical case.  The Court of Appeals was asked to determine if a private contractor who had a contract with the City of
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Litigation, Sovereign Immunity

Appellate Court Holds It No Longer Has Interlocutory Jurisdiction

January 31, 2013rhenry12598Leave a comment

City of Houston v Aster This is on a motion to reconsider en banc which the court granted and issued this substitute ruling.  Aster alleges the City of Houston beached a contract for a construction project and certain computer and technical services. 
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Litigation

District Could Be Liable for Interest on Bonds

January 29, 2013rhenry12598Leave a comment

Harris County Fresh Water Supply District v FWO Development, LTD This is an interlocutory appeal from the denial of the jurisdictional arguments contained within the District’s motion for summary judgment.  The case has a lot of history involved, but the main thing
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Litigation, Public Works

Tx. Sup. Ct. Says To Be Careful Before Suing Architects, Engineers, or Surveyors

January 26, 2013rhenry12598Leave a comment

CTL v Starwood Homeowner’s Association While this isn’t a local government case, it has some impact on certain things city and county litigators do. Plus, it’s a Texas Supreme Court case, so it carries just a little bit of weight with the
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Litigation

Tx. Sup. Ct. Holds Cities Can Lose Right to Interlocutory Appeal.

January 26, 2013rhenry12598deadline, Interlocutory appeal, Supreme CourtLeave a comment

Below is a Texas Supreme Court case of interest to municipal attorneys and litigators. The City of Houston issued a demolition permit to a neighbor of Kenneth S. Jones.  While performing work under the permit the neighbor destroyed part of Jones’s home. Jones
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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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