In re Hidden Development Partners, LP, 01-22-00152-CV (Tex. App. — Houston [1st Dist.] June 8, 2023) While not primarily a government entity case, this holding can be used by entities involved in litigation. This is an original mandamus proceeding where the First District Court of Appeals in Houston held the trial court was required to […]
CITY OF AUSTIN, TEXAS v. IRENE QUINLAN, 22-0202 (Tex. June 2, 2023) This is a Texas Tort Claims Act (TTCA) case where the Texas Supreme Court held the City held immunity for a premise defect because the leaseholder to the property was responsible for maintenance. After dining, Irene Quinlan left the Güero’s Taco Bar, then […]
City of League City v. Jimmy Changas, Inc., 21-0307, ___ S.W.3d ___, 2023 WL ___, (Tex. June 9, 2023) This case involves the governmental/proprietary dichotomy in a breach-of-contract context. The Texas Supreme Court held the Chapter 380 agreement at issue was more proprietary than governmental. League City and Jimmy Changas entered into an […]
HIDALGO COUNTY WATER IMPROVEMENT DISTRICT NO. 3 v. HIDALGO COUNTY IRRIGATION DISTRICT NO. 1; 21-0507 (Tex. May 19, 2023) In this immunity case, the Texas Supreme Court held that governmental/sovereign immunity does not prohibit one political subdivision from utilizing eminent-domain proceedings against another political subdivision. Hidalgo County Water Improvement District No. 3 (the Improvement District) […]
The City of San Antonio Fire Fighters’ and Police Officers’ Civil Service Commission; City of San Antonio v. Gabriel Saenz, 04-22-00347-CV (Tex.App. – San Antonio, April 27, 2023) This is a civil service/employment dispute where the San Antonio Court of Appeals determined a fire fighter applicant could not appeal a disqualification to district court. Saenz […]
Fraley v Texas A&M University System, No. 21-0784, (Tex. March 24, 2023) This is a Texas Tort Claims Act case where the Texas Supreme Court the held the alleged failure to install warning signs and the overall design of the intersection are discretionary decisions for which no waiver of immunity exists. Fraley drove straight […]
Wesley Rattray, et. al, v. City of Brownsville, 20-0975 (Tex. March 10, 2023) This is a Texas Tort Claims Act (“TTCA”) case regarding property damage arising from the operation or use of motor driven equipment. The Texas Supreme Court reversed the granting of the City’s plea to the jurisdiction and remanded. [Comment: this case has […]
An F-5 general discharge is insufficient evidence of disparagement of character to require a name clearing hearing as part of termination of employment due process. Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Fort Worth v. Joel Fitzgerald, Sr., No. 05-22-00327-CV (Tex. App.—Fort Worth, Feb. 8, 2023)(mem. op.). In this appeal […]
City of San Antonio v DHL Express, Inc., 04-22-00603-CV (Tex. App. – San Antonio, Jan. 25, 2023) This is a contractual immunity case in relation to a lease at the San Antonio Airport. The Fourth Court of Appeals held entering into the lease agreement does not waive the City’s immunity. DHL executed a five-year lease […]
Gulf Coast Center v Curry, 20-0856 (Tex. December 30, 2022) In this Texas Tort Claims Act (“TTCA”) case, the Texas Supreme Court held the statutory caps on damages are not only jurisdictional but are the plaintiff’s burden to establish as part of establishing a waiver of immunity from suit. The Gulf Coast Center provides […]