Board of Adjustment, Declaratory Judgments, Injunction, Land Use, Litigation, Zoning

Fort Worth Court of Appeals holds injunctive relief not available to stop enforcement of ordinance regulating gas/oil production

The Town of Flower Mound, Texas, et al.  v. EagleRidge Operating, LLC, 02-18-00392-CV, (Fort Worth, Aug. 22, 2019) This is an interlocutor appeal in a temporary injunction case where the Fort Worth Court of Appeals held the zoning restriction on oil/gas equipment
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Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Dallas Court of Appeals holds officer entered intersection in good faith – entitled to official immunity

City of Dallas v. Rosa Rodriguez, 05-19-00045-CV, (Tex. App. – Dallas Texas, August 7, 2019) In this Texas Tort Claims Act (“TTCA”)/motor vehicle accident/emergency responder case, the Dallas Court of Appeals reversed the denial of the City’s plea to the jurisdiction and
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit holds deputy entitled to qualified immunity on state-created-danger claims, but not wrongful arrest claims

Keller v. Fleming, 18-60081(5th Cir. July 23, 2019) In this §1983 case, the U.S. 5th Circuit reversed the denial of an officer’s qualified immunity defense for a state-created-danger claim but affirmed denial based on unlawful arrest claims. Gerald Simpson was struck and
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. Supreme Court holds “clearly establish” prong of qualified immunity defense must not be defined with a high degree of generality

City of Escondido v Emmons, 17-1660 (U.S. January 7, 2019) City of Escondido police received a domestic violence 911 call from Maggie Emmons. Officer Jake Houchin responded to the scene and reported Emmons had sustained injuries caused by her husband. The officers
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