Constitutional Challenge, Eminent Domain, Litigation, Procedure, Structural Standards, Takings

Ordinance 30 day limitation to appeal BOA determination was not a statutory prerequisite, so trial court retained jurisdiction of takings claim

Nancy Wedgeworth v. City of Amarillo, et al. 07-15-00301-CV (Tex. App. – Amarillo, May 17, 2016) This is a structural standards case where the Amarillo Court of Appeals reversed the trial court’s granting of a plea to the jurisdiction. Wedgeworth owned a
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Discrimination, Employment Law, Health and Safety, Litigation, Procedure, Retaliation

County employee entitled to proceed with “regarded as” disability claim after completing treatment for tuberculosis; all other claims dismissed under plea to the jurisdiction

El Paso County, Texas v. Mary Lou Vasquez 08-15-00086-CV  (Tex. App.- El Paso, May 5th 2016) This is an employment discrimination/retaliation case where the El Paso Court of Appeals reversed in part and affirmed in part the denial of the County’s plea
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Civil Service/Collective Bargaining, Employment Law, Litigation, Procedure

Filing post-submission brief of hearing examiner’s opinion in a related civil service case was potentially an unlawful means of obtaining a hearing examiner opinion in second case says Austin Court of Appeals

Michelle Gish v. City of Austin, Texas 03-14-00017-CV (Tex. App.- Austin, May 11th 2016) This is a Civil Service Act case where the Third Court of Appeals reversed the granting of the City’s plea to the jurisdiction and remanded the case. Michelle
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Constitutional Challenge, Employment Law, Retaliation, Sec. 1983

U.S. Supreme Court holds, in matter of first impression, police officer is protected by 1st Amendment even though he did not engage in protected activity

Heffernan v. City of Paterson 14-1280 (U.S. April 26, 2016) This is a First Amendment in employment §1983 cause of action which appears to be a case of first impression. The United States Supreme Court held that even though a police officer
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Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Employees failed to establish they were acting within course and scope of employment in defamation case so trial court properly denied motion to dismiss

Cordelia Moscrip, Michelle Stewart and Tracy Romero v. Maura Kraus 04-15-00734-CV (Tex.App.–San Antonio, April 27, 2016) This is a defamation case where the Fourth Court of Appeals denied an election of remedies dismissal for employees of the University of Texas Health Science
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