Page 25 – The Law Offices of Ryan Henry

Litigation, Procedure, Sec. 1983

U.S 5th Circuit holds Plaintiffs had a duty of diligence to inquire about the status of their case – emails mistakenly going to a spam folder was not excusable neglect

Trevino v City of Fort Worth, 19-10414 (U.S. 5th Cir. December 10, 2019) This is a custodial death case brought under 42 U.S.C. § 1983. However, the opinion is one of procedure and excusable neglect in not responding to a motion. City
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Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity, TOMA, Whistleblower

Texas Supreme Court holds no-evidence MSJ proper to challenge jurisdiction; TOMA waiver of immunity does not include declaratory judgment claims

Town of Shady Shores v Swanson, 18-0413 (Tex. Dec. 13, 2019) This is an employment case, but the focus on the opinion is a procedural one. Importantly, the Texas Supreme Court held 1) a no-evidence motion for summary judgment was proper to
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Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Sovereign Immunity

Austin Court of Appeals holds Austin’s short-term rental regulations unconstitutional (assembly clause also declared fundamental right entitled to strict scrutiny)

Ahmad Zaatari v City of Austin, 03-17-00812-CV (Tex. App. — Austin, Nov. 27, 2019). This is a dispute regarding the City of Austin’s regulation on short-term rental properties. The Austin Court of Appeals reversed-in-part and affirmed-in-part the City’s plea to the
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Elections

Petition Circulators are not “election officials” subject to the fraud provision of the Election Code says Fort Worth Court of Appeals

Robert S. Johnson v. Jeff Williams, et al., 02-19-00089-CV (Tex. App. – Fort Worth, November 27, 2019) The Fort Worth Court of Appeals affirmed a plea to the jurisdiction in a case where a resident sued to invalidate a charter amendment.
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Contracts, Declaratory Judgments, Litigation, Sovereign Immunity, TTCA

No waiver of immunity for city contract to install sewer lines on property says 4th Court of Appeals

Twanda Brown v. City of Ingram, 04-19–00508-CV (Tex. App. — San Antonio, Nov. 20, 2019). In this suit, the San Antonio Court of Appeals affirmed the granting of the City’s plea to the jurisdiction related to counterclaims regarding utility services. The City of Ingram (“the City”) sued
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Discrimination, Employment Law, Litigation, Procedure, Retaliation

Former Employee Failed to Brief and ID Records Establishing Causation or Pretext in Employment Case

Orlando Toldson v. Denton Independent School District, 02-18-00394-CV (Tex. App. – Fort Worth, Nov. 21, 2019) This is a sexual harassment/retaliation claim where the Fort Worth Court of Appeals affirmed the employer’s motion for summary judgment. Toldson worked for Denton Independent School
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Constitutional Challenge, Injunction, Sovereign Immunity, Vested Rigths

Property owner did not allege viable constitutional claim after County granted neighbor development permit

Stephen Sakonchick II v. Travis County, 03-19-00323-CV (Tex. App. – Austin Oct. 30, 2019). This is a constitutional challenge to a construction permit where the Austin Court of Appeals affirmed the granting of the County’s plea to the jurisdiction. Sakonchick owned a
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Sovereign Immunity, TTCA

Even though inmate asserted eye-injury due to laser was accidental, Fort Worth Court of Appeals holds pleadings actually assert battery – no waiver of immunity exists

Tarrant County, Texas v. Tony Lee Green, 02-19-00159-CV (Tex. App. – Fort Worth, Oct. 24, 2019) This is a Texas Tort Claims Act (“TTCA”) case where the Fort Worth Court of Appeals reversed the denial of the County’s plea to the jurisdiction
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Constitutional Challenge, Declaratory Judgments, Elections, Litigation, Public Works, Tax, Ultra Vires

Taxpayer lacked standing to challenge Houston drainage fee ordinance despite charter election invalidity

Elizabeth C. Perez v. Sylvester Turner, et al., 01-16-00985-CV (Tex. App. – Hous. [1st Dist], Oct. 15, 2019) This is a long standing/multi-opinion dispute challenging the City of Houston’s drainage fee ordinance. Prior summaries found here and here. In this substituted opinion
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Sovereign Immunity, TTCA

Texas Supreme Court holds University immune under Recreational Use Statute when bicyclist is hit by motor vehicle driven by University employee

University of Texas Austin v April Garner, 18-0740 (Tex. Oct 18, 2019. This is a Recreational Use Statute case where the Texas Supreme Court reversed the denial of the University’s plea to the jurisdiction and dismissed the claims. The University of Texas
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U.S 5th Circuit holds Plaintiffs had a duty of diligence to inquire about the status of their case – emails mistakenly going to a spam folder was not excusable neglect

Texas Supreme Court holds no-evidence MSJ proper to challenge jurisdiction; TOMA waiver of immunity does not include declaratory judgment claims

Austin Court of Appeals holds Austin’s short-term rental regulations unconstitutional (assembly clause also declared fundamental right entitled to strict scrutiny)

Petition Circulators are not “election officials” subject to the fraud provision of the Election Code says Fort Worth Court of Appeals

No waiver of immunity for city contract to install sewer lines on property says 4th Court of Appeals

Former Employee Failed to Brief and ID Records Establishing Causation or Pretext in Employment Case

Property owner did not allege viable constitutional claim after County granted neighbor development permit

Even though inmate asserted eye-injury due to laser was accidental, Fort Worth Court of Appeals holds pleadings actually assert battery – no waiver of immunity exists

Taxpayer lacked standing to challenge Houston drainage fee ordinance despite charter election invalidity

Texas Supreme Court holds University immune under Recreational Use Statute when bicyclist is hit by motor vehicle driven by University employee

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