Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Fourth Court of Appeals upholds injunction preventing Governor from prohibiting ordinances regulating face masks – Governor’s authority does not extent to local health and safety regulations with separate grants of authority

Greg Abbott, in his Official Capacity as Governor of Texas, and State of Texas v. City of San Antonio and County of Bexar, 04-21-00342-CV (Tex. App. – San Antonino, November 10, 2021). This is a COVID-19 declaratory judgment (ultra vires) action brought
Read More

Discrimination, Employment Law, Litigation, Procedure

Notice of a termination is the date on which the 180-day clock starts for claims of employment discrimination under state law regardless of internal appeals of the termination.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Monte Alto I.S.D. v. Patricia Orozco, No. 13-21-00136-CV (Tex. App.—Corpus Christi Nov. 4, 2021) (mem. op.). In this appeal from a trial court’s denial of the school district’s plea to the jurisdiction,
Read More

Contracts, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity, Takings, Ultra Vires, Vested Rigths

First Court of Appeals holds 380 development agreement was an agreement for goods and services (waiving immunity) but dismissed all other claims brought against the City by the developer

Town Park Center, LLC v. City of Sealy, Texas, Janice Whitehead, Mayor, Lloyd Merrell, City Manager and Warren Escovy, Assistant City Manager, 01-19-00768-CV, (Tex. App – Hou [1st], Oct. 28, 2021) In this contract dispute, the First Court of Appeals in Houston
Read More

Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Takings

The plaintiff failed to show that damages were insufficient in a condemnation case where there was sufficient evidence supporting the judgment of the trial court.  

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Castellanos v. Harris County, Texas and City of Baytown, Texas., No. 01-20-00414-CV (Tex. App.—Houston [1st Dist.] Oct 7, 2021) (mem. op.). In this appeal from a trial court’s judgment in a
Read More

Constitutional Challenge, Declaratory Judgments, Voting Rights

A charter election proposition that receives more votes than a second charter proposition on the same ballot can invalidate a second charter proposition if proper notice is given. 

Special contributing author Laura Mueller, City Attorney for Dripping Springs Hotze v. Sylvestor Turner, Mayor  and City of Houston, Texas., No. 14-19-00959-CV (Tex. App.—Houston [14th Dist.] Oct 12, 2021). In this appeal from a trial court’s summary judgment in favor of the
Read More

Discrimination, Employment Law, Litigation, Procedure

Tyler Court of Appeals holds EEOC complainant’s deadline to file suit begins to run when his complaint is received by the EEOC, not when the appeal is perfected

  Gunter P. Coffey v. Texas Parks and Wildlife Department, 12-21-00015-CV, (Tex. App – Tyler, Oct. 6, 2021) This is an employment discrimination, hostile work environment, and retaliation claim in which the Tyler Court of Appeals affirmed the trial court’s order granting
Read More

Constitutional Challenge, Declaratory Judgments, Litigation

U.S. Fifth Circuit holds standing for First Amendment violation can be shown through chilled speech without the need for actual arrest or citation.

    Special contributing author Laura Mueller, City Attorney for Dripping Springs Anthony Barilla v. City of Houston, Tex., No. 20-20535 (5th Cir. Sept. 10, 2021). In this appeal for dismissal for lack of standing by the district court, the U.S. Fifth
Read More