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Health and Safety, Nuisance

Property owner’s suit frivolous after challenging nuisance and demolition determination

April 30, 2014rhenry12598Leave a comment

Marilyn Stewart v. The City of San Antonio 04-13-00720-CV (Tex. App. – San Antonio, April 30, 2014). The underlying suit arises out of a structural standards commission determination a building is substandard and ordering its demolition. Stewart was a lienholder and possible
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Constitutional Challenge, Contracts, Declaratory Judgments, Litigation, Public Works, TOMA, TTCA

Trial court has jurisdiction to hear breach of contract and tort claims for trench expansion

April 30, 2014rhenry12598Leave a comment

City of New Braunfels, Texas v. Carowest Land, Ltd 03-11-00699-CV (Tex. App. – Austin, April 30, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction arising out of a dispute where the City’s public works project
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Sovereign Immunity, TOMA

Car stop was an emergency situation entitling City to immunity after police dog bit Plaintiff

April 24, 2014rhenry12598Leave a comment

The City of Houston v Stephon Lamar Davis, 01-13-00600-CV (Tex. App.- Houston[1st Dist.], April 24, 2014) This is an interlocutory appeal from the trial court’s denial of the City of Houston’s plea to the jurisdiction in a police dog bite case under
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Sovereign Immunity, TTCA

Accident report put City on actual notice of its fault in causing accident and injury

April 24, 2014rhenry12598Leave a comment

Melina Ortiz-Guevara v. City of Houston, 14-13-00384-CV (Tex. App. – Houston, April 22, 2014) This is a Texas Tort Claims Act case arising from a vehicle accident, but the case turns on whether or not the City had “actual notice” of its
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Nuisance, Sovereign Immunity, TTCA

Sewer line suit dismissed for lack of jurisdiction

April 24, 2014rhenry12598Leave a comment

The City of Madisonville v. Theresa Murders and Martina Maldonado, 10-13-00234-CV (Tex. App. – Waco, April 17, 2014) This is a Texas Tort Claims Act case where the Plaintiffs brought suit against the City and contractor alleging damages after the City replaced
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Contracts, Discrimination, Employment Law

Officers win disparate impact suit against City for reorganization (substituted opinion)

April 24, 2014rhenry12598Leave a comment

City of Austin v. Raymond E. Chandler, et al., 03-12-00057-CV (Tex. App. – Austin, April 18, 2014). This is a substituted opinion for one the court issued on February 7, 2014. The original summary and opinion can be found here. Essentially, several
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Contracts, Litigation, Sovereign Immunity, TTCA

No waiver of immunity under Prompt Pay Act, even for contracts for goods or services under Chapter 271

April 17, 2014rhenry12598Leave a comment

City of Midland v. M.T.D. Environmental, L.L.P., 11-13-00117-CV (Tex. App. – Eastland, April 17, 2014). This is a governmental immunity in a breach of contract case where the Eastland Court of Appeals held that simply because immunity from suit is waived under
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Litigation, Sovereign Immunity, TTCA

Operation or use of motor driven equipment does not include maintenance and employee control must be direct says 6th Court of Appeals

April 17, 2014rhenry12598Leave a comment

Mt. Pleasant Independent School District v. Dona K. Elliott, 06-13-00115-CV (Tex. App. – Texarkana, April 17, 2014). This is a Texas Tort Claims Act case arising from a bus accident allegedly due to malfunctioning brakes. In this interlocutory appeal the Texarkana Court
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Constitutional Challenge, Official/Qualified Immunity

Public official entitled to qualified immunity since First Amendment claims are so complex says 5th Circuit

April 16, 2014rhenry12598Leave a comment

Morgan v. Swanson No. 13-40433 (5th Cir. April 2, 2014) This is the continuation of a First Amendment/Qualified Immunity case where the U.S. Court of Appeals for the Fifth Circuit dismissed a public official (high school principal) on qualified immunity grounds noting
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Litigation

Appellate court without jurisdiction to hear appeal from granting of plea since notice of appeal missed 35 day deadline

April 16, 2014rhenry12598Leave a comment

Hetul Bhakta d/b/a Budget Inn v. Tex Dept of Transportation, 04-14-00063-CV (Tex. App. –  San Antonio, April 16, 2014). This case will mainly be of interest to litigators as it deals with the appellate rules for perfecting appeals.  The opinion does not
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Recent Posts

  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims
  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA

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  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims

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