Constitutional Challenge, Declaratory Judgments, Injunction, Sec. 1983, Sovereign Immunity

Fort Worth Court of Appeals holds trial court lacked jurisdiction involving school district’s disciplinary decision

This is an interlocutory appeal from the denial of a plea to the jurisdiction filed by Northwest Independent School District. Plaintiffs sued Northwest ISD on behalf of their minor child, C.R., seeking a temporary restraining order and injunctive relief based on the
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Contracts, Declaratory Judgments, Injunction, Sovereign Immunity, Ultra Vires

San Antonio Court of Appeals holds governmental immunity bars both suit and liability where the ‘only plausible remedy’ is invalidation of a government contract.

City of San Antonio v. Patrick Von Dohlen, et al., 04-20-00071-CV (Tex. App.—San Antonio Aug. 19, 2020)  This is an interlocutory appeal from the denial of a plea to the jurisdiction and Rule 91a motion to dismiss filed by the City of
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure

Corpus Christi Court of Appeals held that a plaintiff does not have standing to bring suit, or merit a temporary injunction, where the plaintiff has not alleged an injury distinct from the public at large.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Concerned Citizens of Palm Valley, Inc. v. City of Palm Valley, 13-20-00006-CV (Tex. App.—Corpus Christi, August 13, 2020) (mem.op.). In this taxpayer suit, the plaintiffs allege that the City is spending money
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Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings

Beaumont Court of Appeals holds pro se Plaintiff did not establish entitlement to injunctive relief to prevent demolition of building

Rema Charles Wolf v. City of Port Arthur, 09-19-00047-CV, (Tex. App – Beaumont, Aug. 6, 2020) This is an interlocutory appeal from the denial of a temporary injunction request by a pro se property owner. Pro se Plaintiff Wolf sued the City
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Discrimination, Employment Law, Litigation, Procedure, Retaliation

Corpus Christi Court of Appeals held plaintiff can circumvent TWC for retaliation claim so long as underlying claim is based on TWC complaint

Special contributing author Laura Mueller, City Attorney for Dripping Springs Donna Indep Sch. Dist.. v. Cynthia Castilla, 13-19-00395-CV (Tex. App.—Corpus Christi, August 13, 2020) (mem.op.). In this employment discrimination and retaliation case, the plaintiff brought some claims that occurred outside of the
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Contracts, Employment Law, Litigation, Procedure

Austin Court of Appeals held that a plaintiff has to allege recoverable damages to waive governmental immunity for breach of contract under Chapter 271 of the Local Government Code.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Robert Lee Fitzsimmons, Jr. v. Killeen Indep. Sch. Dist., 03-19-00535-CV (Tex. App.—Austin, August 14, 2020). In this governmental immunity case, the Austin Court of Appeals dismissed the case against the School District
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