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
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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
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sign Regulation, Sovereign Immunity, Structural Standards

Tyler Court of Appeals holds a motion for new trial did not extend the time to perfect an accelerated appeal

SignAd, Ltd. V. The City of Hudson, 12-21-00056-CV, (Tex. App – Tyler, Sept. 15, 2021) This case is mainly procedural, and the Tyler Court of Appeals held SignAd failed to timely file its notice of appeal, either as an interlocutory appeal or
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Constitutional Challenge, Declaratory Judgments, Finance, Injunction, Litigation, Procedure, Sovereign Immunity, Tax, TOMA

13th Court of Appeals holds City sufficiently complied with TOMA and Tax Code in 2019 when it adopted its annual tax rate

Leftwich v City of Harlingen, 13-20-00110-CV (Tex. App. – Corpus Christi, Sep. 9, 2021). This is a declaratory judgment suit to declare the city violated procedural requirements when it adopted its tax rate in 2019. The Thirteenth Court of Appeals held no
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Litigation, Procedure, Sovereign Immunity, TTCA

Trial court’s granting of City’s plea to the jurisdiction considered void because it should have issued its order in the separate case created by the plaintiff’s bill of review

 Clayton Richter, Dorothy Richter, and Jonathan Richter v. City of Waelder, Texas,13-20-00494-CV and 13-20-00495-CV, (Tex. App – Corpus Christi – Edinburg, August 12, 2021) This is a flooding case, but the opinion focused entirely on procedural problems where the Corpus Christi Court
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Litigation, Official/Qualified Immunity, Procedure, Search and Seizure, Sec. 1983, Sovereign Immunity, TTCA

Pro se appellant could not prevail on summary judgment appeal when he failed to appeal each ground for summary judgment.

   Special contributing author Laura Mueller, City Attorney for Dripping Springs Elezar Balli v. Officer Florentino Martinez, et al., No. 14-20-00030-CV (Tex. App.—Houston [14th Dist.] August 10, 2021) (mem. op.). In this appeal from a trial court’s summary judgment in favor of
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Agency, Board of Adjustment, Constitutional Challenge, Land Use, Litigation, Procedure, Sovereign Immunity, Zoning

Dallas Court of Appeals holds trial court had jurisdiction for BOA appeal only, but no monetary or constitutional claims could survive the board’s plea

  City of Dallas, et al v. PDT Holdings, Inc., et al. 05-21-00018-CV  (Tex. App. – Dallas, August 24, 2021). This is an appeal from a board of adjustment decision where the Dallas Court of Appeals reversed in part and affirmed in
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Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings, Ultra Vires

Fourth Court of Appeals holds plaintiff suing for BOA decision must be given opportunity to replead to show timing of when the BOA decision was filed in board’s offices

Alpha Securities, LLC, v City of Fredericksburg, 04-20-00447-CV (Tex. App. – San Antonio, Aug. 10, 2021, no pet h.). This is a board of adjustment appeal and declaratory judgment action where the San Antonio Court of Appeals agreed no jurisdiction existed, but
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Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Sovereign Immunity

Property owners around lake drained by GBRA had no standing to sue as they possessed no particularized injury

Jimmy and Cheryl Williams, et al. v. Guadalupe-Blanco River Authority and its Officers and Directors, 04-20-00445-CV, (Tex. App. – San Antonio, July 7, 2021) This is a takings case where the San Antonio Court of Appeals partially reversed and affirmed the trial
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