Page 50 – The Law Offices of Ryan Henry

Eminent Domain

City not responsible for prosecuting condemnation suit unless and until served with citation by objecting property owner says 6th Court of Appeals

James B. Bonham Corp v. The City of Corsicana, 06-16-00026-CV (Tex. App— Texarkana, November 29,2016) This is an eminent domain proceeding where the Sixth Court of Appeals affirmed the dismissal of an appeal from a special commissioner’s assessment. The City initiated
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Litigation, Mandamus, Procedure

Trial court in error for denying defendant’s designation of responsible third party even after SOL deadline says San Antonio Court of Appeals

In re Cleo Bustamante, Jr., 04-16-00333-CV (Tex.App— San Antonio, November 23,2016) This is a mandamus case of interest to litigators primarily who deal with proper designations for responsible third parties. The Fourth Court of Appeals, sitting en banc, determined it was error
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Contracts, Injunction

Trial court improperly issued injunction requiring customer to continue paying for City water under contract at higher rate

G-M Water Supply Corporation v. City of Hemphill, Texas,12-16-00129-CV (Tex.App— Tyler, November 22,2016) This is an injunction case where the Tyler Court of Appeals reversed an injunction requiring a purchaser of City water to make payments at a specific rate until otherwise
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Employment Law, Whistleblower

City initiated termination procedure by suspending employee, so no causal link for report made after suspension but before termination letter

David Jones v. City of Port Arthur, Texas, 09-14-00442-CV (Tex. App— Beaumont, November 17,2016) Jones was employed as an operator of a residential garbage truck with the City of Port Arthur. After he was terminated he sued under the Texas Whistleblower Act.
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Declaratory Judgments, Injunction, Land Use, Zoning

Trial court properly denied injunctive request to prohibit City from relocating administrative offices

Leslie E. Barras and Historic Orange Preservation Empowerment, Inc. v. The City of Orange, Texas, et al, 09-16-00073-CV (Tex. App— Beaumont, November 17,2016) This is an appeal from the denial of an injunctive request to prevent the City from relocating its administrative
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Constitutional Challenge, Declaratory Judgments, Tax

City loses its suit to hold Tax Code provisions unconstitutional

City of Austin v. Travis Central Appraisal District, et al, 03-16-00038-CV (Tex. App — Austin. November 10,2016) This is an appraisal case involving vacant land and commercial real property where the City sought to declare parts of the Tax Coder were unconstitutional.
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit holds it was not unconstitutional for office to use non-deadly punches to gain control of the arms of a drunken, actively resisting suspect.

Griggs v. Brewer, No. 16-10221(5th Cir. October 28,2016) This is a qualified immunity/excessive force claim where the U.S. 5th Circuit affirmed the granting of the officer’s qualified immunity defense. Officer Charley Brewer conducted a routine traffic stop of a vehicle driven by
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Declaratory Judgments, Elections, Injunction, Litigation, Procedure

Petitioner did not conclusively establish charter amendment petition was valid; but city did not prove it was not valid so case remanded

City of Galena Park, Et Al. v. Barry Ponder, 14-15-00708-CV (Tex.App— Houston [ 14th Dist.] October 25, 2016) In this suit to compel a charter amendment election, the 14th Court of Appeals reversed the granting of a summary judgment which favored the
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Sovereign Immunity, TTCA

Falling item in room was a premise defect case, not a tangible personal property case under TTCA says Dallas Court of Appeals

Laura Constantino v. Dallas County Hospital District d/b/a Parkland Health & Hospital System a/k/a Parkland Memorial Hospital, 05-15-01273-CV (Tex.App— Dallas, October 24,2016) This is the second appellate decision regarding this negligent case where the Court of Appeals held this was a premise
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Takings, Tax

City’s summary judgment reversed and remanded under failure to address Patel due-course-of-law analysis; dismissal of all other constitutional challenges to utility late fee ordinance affirmed

Gatesco Q.M. Ltd d/b/a Quail Meadows Apartments, a Texas Limited Partnership v. City of Houston, 14-14-01017-CV (Tex. App— Houston [ 14th Dist.], October 20, 2016) In this case the 14th Court of Appeals affirmed-in-part and reversed-in-part the granting of the City’s summary
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City not responsible for prosecuting condemnation suit unless and until served with citation by objecting property owner says 6th Court of Appeals

Trial court in error for denying defendant’s designation of responsible third party even after SOL deadline says San Antonio Court of Appeals

Trial court improperly issued injunction requiring customer to continue paying for City water under contract at higher rate

City initiated termination procedure by suspending employee, so no causal link for report made after suspension but before termination letter

Trial court properly denied injunctive request to prohibit City from relocating administrative offices

City loses its suit to hold Tax Code provisions unconstitutional

U.S. 5th Circuit holds it was not unconstitutional for office to use non-deadly punches to gain control of the arms of a drunken, actively resisting suspect.

Petitioner did not conclusively establish charter amendment petition was valid; but city did not prove it was not valid so case remanded

Falling item in room was a premise defect case, not a tangible personal property case under TTCA says Dallas Court of Appeals

City’s summary judgment reversed and remanded under failure to address Patel due-course-of-law analysis; dismissal of all other constitutional challenges to utility late fee ordinance affirmed

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