Constitutional Challenge, Declaratory Judgments, Eminent Domain, Injunction, Land Use, Sovereign Immunity, Takings

City not liable for takings claim because of alleged failure to enforce ordinances against neighboring property owner/developer

City of Mason v. William Robin Lee, et al.  04-18-00275-CV (Tex. App. – San Antonio, Nov. 7, 2018). This is an interlocutory appeal in a regulatory takings case where the Fourth Court of Appeals reversed the denial of the City’s plea to
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Sec. 1983, Separation of Powers

U.S. 5th Circuit holds promoter of sex convention had standing to sue after City passed ordinance banning convention

Three Expo Events, LLC v City of Dallas, 17-10632 (5th Cir. October 24, 2018). This is a First Amendment case involving a sex convention where the U.S. 5th  Circuit reversed an order granting the City’s motion to dismiss. Three Expo Events, L.L.C.
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Constitutional Challenge, Sec. 1983, TTCA

Fort Worth Court of Appeals holds trial court lacked jurisdiction to hear civil lawsuit for wrongful arrest/malicious prosecution since Plaintiff was convicted of 1 of 3 indictments

Nathaniel Washington v. City of Arlington Police Department, R. Walsh, Taylor Ferguson, Brian Salvant, and George Mackey 02-17-00337-CV (Tex. App — Fort Worth, Oct. 4, 2018) This is a civil rights and tort case where the Fort Worth Court of Appeals affirmed
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Declaratory Judgments, Injunction, Mandamus, PIA

Order for City to release documents under PIA and certify compliance was not a “temporary injunction” entitling City to interlocutory appeal says Houston’s 1st District Court of Appeals

  City of Houston v Dolcefino  Communications, et al., 01-17-00979-CV (Tex. App. – Houston [1st Dist.], October 30, 2018 This is an interlocutory appeal in a Public Information Act (“PIA”) case where the First District Court of Appeals determined it lacked interlocutory
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Contracts, Declaratory Judgments, Injunction, Public Works, Sovereign Immunity

Contract for sale of waste water to golf course is a governmental function and no waiver of immunity exists for breach claim

City of Merkel v Copeland, 11-16-00323-CV (Tex. App. — Eastland, October 18, 2018).  This is a governmental immunity/breach of contract claim where the Eastland Court of Appeals reversed the denial of the City’s plea to the jurisdiction.  The City entered into a
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Board of Adjustment, Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

Board of Adjustment’s plea on declaratory judgment claim granted as UDJA is a redundant remedy says Austin Court of Appeals

  City of Wimberley Board of Adjustment v. Creekhaven, LLC; and William D. Appleman, 03-18-00169-CV (Tex. App. – Austin, October 18, 2018) This is a board of adjustment appeal case where the Austin Court of Appeals reversed the denial of the City’s
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