Declaratory Judgments, Litigation

The Thirteenth Court of Appeals held trial court must use substantial evidence standard when reviewing SOB permit denials

Special contributing author Laura Mueller, City Attorney for Dripping Springs Larry Mark Polsky, esq. v. Sheriff Omar Lucio and Cameron County, No. 13-19-00062-CV (Tex. App.—Corpus Christi September 24, 2020) (mem. op.). In this sexually-oriented business case, the 13th Court of Appeals reversed the grant of a dismissal order in favor of the County and Sheriff. […]

Attorney Fees, Contracts, Litigation, Public Works

Attorney’s fees for breach of contract under Tex. Loc. Gov’t Code §271.153 valid only if equitable and just – denied for much smaller change order amount

Dowtech Specialty Contractors, Inc. v. City of Weinert, 11-18-00246-CV (Tex. App. – Eastland, September 25, 2020)(mem. op.). This is a breach of contract dispute where the Eastland Court of Appeals affirmed a trial court judgment awarding Dowtech a small amount of damages, but denied the contract remainder and attorney’s fees. The City’s water supply is […]

Discrimination, Employment Law

The Second Court of Appeals held that a plaintiff who resigns cannot prove an adverse employment action when the only evidence of constructive discharge was forthcoming investigation

Special contributing author Laura Mueller, City Attorney for Dripping Springs Univ. of North Tex. Sys. v. Lisa Barringer, No. 02-19-00378-CV (Tex. App.—Fort Worth September 10, 2020) (mem. op.). In this discrimination case, the plaintiff sued the University for age discrimination after resigning from her position.  The Court of Appeals held that she had failed to […]

Annexation, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity

Amarillo Court of Appeals holds findings of fact and conclusions of law improper for plea to the jurisdiction and remanded annexation case for trial

Hill, et al. v City of Fair Oaks Ranch, 07-19-00037-CV (Tex. App. – Amarillo, Sep. 16, 2020)(mem. Op). This is an annexation dispute where the Amarillo Court of Appeals reversed the grant of the City’s plea to the jurisdiction and remanded for trial. In 2015 and 2016, the City was a general-law municipality and it […]

Constitutional Challenge, Litigation, Procedure, Sec. 1983

Officers’ and City’s appeal dismissed by U.S. 5th Circuit because their dismissal “with prejudice” argument inapplicable when inmate could still get conviction reversed

Kerry Max Cook v. City of Tyler, Texas, et al., 19-40144, 2020 WL 5268509 (5th Cir. Sept. 4, 2020) This is an appeal and cross-appeal from a dismissal of Cook’s §1983 claim seeking damages suffered from a series of wrongful prosecutions, convictions, and imprisonment, which the U.S. 5th Circuit affirmed. Kerry Cook filed a §1983 […]

Constitutional Challenge, Discrimination, Employment Law, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983, Sovereign Immunity, TTCA

The First Court of Appeals held employment discrimination claims cannot be brought under the TCHRA in state court where the same claims were previously dismissed in federal court.     

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Suran Wije v. David A. Burns and Univ. of Texas, No. 01-19-00024-CV (Tex. App.—Houston [1st Dist.] September 3, 2020) (mem. op.). In this employment discrimination claim, the plaintiff sued a University official and the University for discrimination after he was unable to be re-employed […]

Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit holds no deliberate indifference alleged requiring jailers to protect inmate from attack by another inmate

Torres v. Livingston, 19-40470, 2020 WL 4933063 (5th  Cir. Aug. 24, 2020). This is an appeal from a dismissal of an inmate’s § 1983 claims which the U.S. 5th Circuit affirmed. Christopher Torres worked as an inmate janitor in an administrative segregation unit.  While working, another innate requested an officer to pick up photos that […]

Agency, Constitutional Challenge, Declaratory Judgments, Sovereign Immunity, Ultra Vires

The Third Court of Appeals held that no implied authority exists for actions of a state agency without a showing that the implied authority is required to effectively perform a statutorily expressed responsibility.   

Special contributing author Laura Mueller, City Attorney for Dripping Springs University of Texas at Austin President Jay Hartzell, et al. v. S.O., et al., No. 03-19-00131-CV (Tex. App.—Austin September 4, 2020). In this ultra virus University case, the plaintiff sued University officials for exceeding their authority in attempting to revoke her Ph.D after she had […]

Annexation, Declaratory Judgments, Injunction

Dallas Court of Appeals holds property owners failed to establish jurisdiction in annexation case where City was prevented from holding first reading of annexation ordinance

City of Terrell, Texas, et al. v. Frederick George Edmonds, et al., 05-19-01248-CV  and 05-19-01382-CV  (Tex. App. – Dallas, September 8, 2020) These are consolidated appeals from the case where several property owners sought to prevent annexation of a 1,000-foot wide strip of land. The Dallas Court of Appeals reversed the injunction order and dismissed […]

Constitutional Challenge, Sec. 1983, Sign Regulation

The U.S. Fifth Circuit Court of Appeals held that sign ordinances cannot treat off-premise and on-premise signs differently if the regulation of such signs includes regulation non-commercial content. 

Special contributing author Laura Mueller, City Attorney for Dripping Springs Reagan Nat’l Advertising of Austin, Inc.; Lamar Advantage Outdoor Co. v. City of Austin, No. 19-50354 (5th Cir. August 25, 2020). In this First Amendment sign case, the U.S.  Fifth Circuit held that the distinction between off-premise and on-premise signs is a prohibited content-based distinction […]