Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Preemption, Public Works

Second Court of Appeals holds general law city has inherent power to require solid waste haulers to obtain a license

Builder Recovery Services LLC v. The Town of Westlake, Texas, 02-20-00051-CV,  (Tex. App. – Fort Worth, Jan. 1, 2021)(mem. op.). This is a declaratory judgment/ordinance invalidation suit brought by a solid waste collector where the Fort Worth Court of Appeals affirmed the Town’s power to require licenses. [Warning, this is a long opinion at 56 […]

Constitutional Challenge, Contracts, Declaratory Judgments, Litigation, Sovereign Immunity

The Tenth Court of Appeals held immunity waived for airport lease based on improvements made by tenant

  Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Cleburne v. RT General, LLC, No. 10-20-00037-CV (Tex. App.—Waco  December 16, 2020) (mem. op.). This is an interlocutory appeal from a trial court denial of the city’s plea to the jurisdiction on a breach of contract and related claims regarding an airport […]

Litigation, Sovereign Immunity, TTCA

The Eleventh Court of Appeals held that failure to monitor or provide medical care for an inmate who was injured in a county jail is insufficient to waive immunity under the Tort Claims Act.   

  Special contributing author Laura Mueller, City Attorney for Dripping Springs James Garms v. Comanche County, No. 11-19-00015-CV (Tex. App.—Eastland   December 18, 2020) (mem. op.). In this appeal from a trial court’s judgment granting the city’s plea to the jurisdiction on a tort claims case, the Eastland Court of Appeals affirmed the trial court’s grant […]

Agency, Declaratory Judgments, Injunction, Takings, Vested Rigths

The Tenth Court of Appeals affirmed the trial court’s summary judgment against the plaintiff developer because it did not challenge all possible grounds supporting the summary judgment order

  Special contributing author Laura Mueller, City Attorney for Dripping Springs David A. Bauer, et al. v. City of Waco, No. 10-19-00020-CV (Tex. App.—Waco  December 9, 2020) (mem. op.). The Waco Court of Appeals affirmed a trial court’s judgment dismissing the plaintiff’s vested rights and takings claims on summary judgment. The plaintiff developer sued the […]

Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Religious Freedom

Third Court of Appeals holds church’s motion for new trial in water rate EDJA case held valid given unique and troubling circumstances in case

City of Magnolia v Magnolia Bible Church, et al., 03-19-00631-CV (Tex. App. – Austin, Dec. 18, 2020) This is an interlocutory appeal from an order granting a new trial and denying a plea to the jurisdiction in a water rate case in which the Austin Court of Appeals affirmed the granting of new trial and […]

ADA, Employment Law

U.S. 5th Circuit held reasonableness of an ADA accommodation request is normally a fact issue plus alleged discrimination is not enough for discriminatory firing claim under ADA

Jones v. Lubbock County Hosp. Dist., 19-11364, 2020 WL 6787549, at *1 (5th Cir. Nov. 18, 2020)  This is an interlocutory appeal of a granting of summary judgment for the University Medical Center (“UMC”) and appealed by its former employee, Ricky Jones. The U.S. 5th Circuit affirmed in part, vacated in part, and remanded in […]

Constitutional Challenge, Employment Law, Litigation, Retaliation, Sec. 1983, Whistleblower

The Ninth Court of Appeals affirmed judgment for City in First Amendment/Whistleblower claims since no causal connection was present

Special contributing author Laura Mueller, City Attorney for Dripping Springs Samer Shobassy v. City of Port Arthur, No. 09-18-00363-CV (Tex. App.—Port Arthur  November 19, 2020) (mem. op.). In this appeal from a trial court’s judgment dismissing the plaintiff’s retaliation-in-employment case.  The Beaumont Court of Appeals affirmed the trial court’s summary judgment. The plaintiff worked as […]

Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

Beaumont Court of Appeals held Plaintiff failed to overcome emergency responder exception under Texas Tort Claim Act in vehicle accident case

Texas Dept. of Pub. Safety v. Kendziora, 09-19-00432-CV (Tex.App.—Beaumont, Nov. 5, 2020) This is an interlocutory appeal from the denial of Texas DPS’s plea to the jurisdiction in a case involving a car accident while a DPS trooper (“Chapman”) was responding to an emergency. The Beaumont Court of Appeals reversed the denial. Chapman was responding […]

Litigation, Procedure, Sovereign Immunity, TTCA

The Sixth Court of Appeals affirmed the dismissal of TTCA case because the trial court was not required to review a late-filed amended petition in making its decision on summary judgment. 

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Raul Gonzales v. City of Farmers Branch, No. 06-20-00054-CV (Tex.App.—Texarkana  November 5, 2020) (mem. op.). This is a Texas Tort Claims Act (“TTCA”)/vehicle accident case where the Texarkana Court of Appeals affirmed the trial court’s summary judgment in favor of the City. The plaintiff […]

Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Preemption, Procedure, Separation of Powers, Ultra Vires

El Paso Court of Appeals held Governor’s executive orders control over county judge order in the event of conflicts

State of Texas, et al v. El Paso County, Texas, et al., 08-20-00226-CV (Tex. App. – El Paso, Nov. 13, 2020). This is an interlocutory appeal from the denial of the temporary injunction involving a conflict between the county judge’s executive order and the Governor’s executive order.  The El Paso Court of Appeals reversed the […]