Board of Adjustment, Declaratory Judgments, Injunction, Zoning

City’s letter advising of BOA decision was not “the decision filed in the board’s office” for purpose of BOA appeal deadlines under Chapter 211 says Austin Court of Appeals

  Lisa Risoli v. Board of Adjustment of the City of Wimberley, and the City of Wimberley  03-17-00385-CV (Tex.App—-Austin October 19, 2017) This is a board of adjustment appeal where the Austin Court of Appeals remanded the property owner’s claims back to
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Litigation, Sovereign Immunity, TTCA

Under TTCA, the integral safety component doctrine turns on entity negligently providing personal property missing an integral safety component, not the non-use of property.

City of Houston v. Frank Gutkowski, Individually, Frank Gutkowski, as Representative for the Estate of Patricia Gutkowski, Deceased, Tammie Rene Gutkowski and Carl Gutkowski  14-17-00234-CV  (Tex. App—— Houston [14th Dist.], October 17, 2017) This is an interlocutory appeal from the denial of a
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Litigation, Procedure, Sovereign Immunity, TTCA

Fort Worth Court of Appeals held trial court was within its discretion to allow Plaintiff time to replead and produce evidence in response to jurisdictional plea

City of Bedford v. Leah Smith 02-16-00436-CV (Tex. App—– Fort Worth, October 12, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving a pedestrian falling into a manhole where the Fort Worth Court of Appeals affirmed in part and reversed
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Ultra Vires

Texarkana Court of Appeals holds the vote and decision not to vote on District business cannot be an ultra vires claim

Kilgore Independent School District, et al. v. Darlene Axberg, John Claude Axberg, Sheila Anderson, and the State of Texas 06-17-00060-CV (Tex.App— Texarkana, October 12, 2017) This is an appeal from the denial of a plea to the jurisdiction where property owners brought
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Sovereign Immunity, TTCA

Dallas Court of Appeals holds simply because building was having roof repairs does not equate to actual knowledge of dangerous condition due to water at specific location of convention center

City of Dallas v. Leslie Papierski 05-17-00157-CV (Tex. App— Dallas, October 2,2017) This is a Texas Tort Claims Act (“TTCA”) case and interlocutory appeal from the denial of the City’s plea to the jurisdiction. The Dallas Court of Appeals reversed and rendered
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