Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity

San Antonio Court of Appeals holds forfeited councilmember can only seek reinstatement through quo warranto proceeding

  City of Leon Valley v. Benny Martinez, 04-19-00879-CV (Tex. App. – San Antonio, August 19, 2020, no pet. h.) This is a council forfeiture case which the San Antonio Court of Appeals held could only be brought in a quo warranto
Read More

Declaratory Judgments, Litigation

The Thirteenth Court of Appeals held trial court must use substantial evidence standard when reviewing SOB permit denials

Special contributing author Laura Mueller, City Attorney for Dripping Springs Larry Mark Polsky, esq. v. Sheriff Omar Lucio and Cameron County, No. 13-19-00062-CV (Tex. App.—Corpus Christi September 24, 2020) (mem. op.). In this sexually-oriented business case, the 13th Court of Appeals reversed
Read More

Attorney Fees, Contracts, Litigation, Public Works

Attorney’s fees for breach of contract under Tex. Loc. Gov’t Code §271.153 valid only if equitable and just – denied for much smaller change order amount

Dowtech Specialty Contractors, Inc. v. City of Weinert, 11-18-00246-CV (Tex. App. – Eastland, September 25, 2020)(mem. op.). This is a breach of contract dispute where the Eastland Court of Appeals affirmed a trial court judgment awarding Dowtech a small amount of damages,
Read More

Discrimination, Employment Law

The Second Court of Appeals held that a plaintiff who resigns cannot prove an adverse employment action when the only evidence of constructive discharge was forthcoming investigation

Special contributing author Laura Mueller, City Attorney for Dripping Springs Univ. of North Tex. Sys. v. Lisa Barringer, No. 02-19-00378-CV (Tex. App.—Fort Worth September 10, 2020) (mem. op.). In this discrimination case, the plaintiff sued the University for age discrimination after resigning
Read More

Annexation, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity

Amarillo Court of Appeals holds findings of fact and conclusions of law improper for plea to the jurisdiction and remanded annexation case for trial

Hill, et al. v City of Fair Oaks Ranch, 07-19-00037-CV (Tex. App. – Amarillo, Sep. 16, 2020)(mem. Op). This is an annexation dispute where the Amarillo Court of Appeals reversed the grant of the City’s plea to the jurisdiction and remanded for
Read More

Constitutional Challenge, Litigation, Procedure, Sec. 1983

Officers’ and City’s appeal dismissed by U.S. 5th Circuit because their dismissal “with prejudice” argument inapplicable when inmate could still get conviction reversed

Kerry Max Cook v. City of Tyler, Texas, et al., 19-40144, 2020 WL 5268509 (5th Cir. Sept. 4, 2020) This is an appeal and cross-appeal from a dismissal of Cook’s §1983 claim seeking damages suffered from a series of wrongful prosecutions, convictions,
Read More

Constitutional Challenge, Discrimination, Employment Law, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983, Sovereign Immunity, TTCA

The First Court of Appeals held employment discrimination claims cannot be brought under the TCHRA in state court where the same claims were previously dismissed in federal court.     

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Suran Wije v. David A. Burns and Univ. of Texas, No. 01-19-00024-CV (Tex. App.—Houston [1st Dist.] September 3, 2020) (mem. op.). In this employment discrimination claim, the plaintiff sued a University
Read More

Agency, Constitutional Challenge, Declaratory Judgments, Sovereign Immunity, Ultra Vires

The Third Court of Appeals held that no implied authority exists for actions of a state agency without a showing that the implied authority is required to effectively perform a statutorily expressed responsibility.   

Special contributing author Laura Mueller, City Attorney for Dripping Springs University of Texas at Austin President Jay Hartzell, et al. v. S.O., et al., No. 03-19-00131-CV (Tex. App.—Austin September 4, 2020). In this ultra virus University case, the plaintiff sued University officials
Read More

Annexation, Declaratory Judgments, Injunction

Dallas Court of Appeals holds property owners failed to establish jurisdiction in annexation case where City was prevented from holding first reading of annexation ordinance

City of Terrell, Texas, et al. v. Frederick George Edmonds, et al., 05-19-01248-CV  and 05-19-01382-CV  (Tex. App. – Dallas, September 8, 2020) These are consolidated appeals from the case where several property owners sought to prevent annexation of a 1,000-foot wide strip
Read More