Special contributing author Laura Mueller, City Attorney for Dripping Springs David E Shaw v. City of Dallas, 05-19-01233-CV (Tex. App.—Dallas, July 27, 2020) (mem. op.). In this Texas Tort Claims Act, the Court of Appeals upheld the trial court’s dismissal of the pro se plaintiff’s Tort Claims Act action against the City. The plaintiff called […]
Hyde v Harrison County, 14-18-00628-CV (Tex. App. – Houston [14th Dist.], July 30, 2020) Harrison County (the “County”) owns and operates underground storage tanks at its road and bridge department and at its airport. A Texas Commission on Environmental Quality (the “Commission”) investigator determined the County violated the Texas Water Code by not providing a […]
City of Houston v. Isabel Mejia, 14-19-00559-CV (Tex. App. – Houston [14th Dist.], July 21, 2020) This is a Texas Tort Claims Act (“TTCA”) case involving a motor vehicle accident in which the 14th Court of Appeals affirmed an order denying the City’s jurisdictional challenge on interlocutory appeal. Isabel Mejia was driving her vehicle when […]
Wilson v. Houston Community College System, 19-20237 (U.S. 5th Cir. April 7, 2020) This is a First Amendment/§1983 case where a former member of the board of trustees claimed the College censured him in violation of his First Amendment Rights. The U.S. Fifth Circuit Court of Appeals reinstated the plaintiff’s First Amendment claims but […]
Special contributing author Laura Mueller, City Attorney for Dripping Springs Norris Rogers v. Houston Community College, 14-18-00591-CV (Tex. App.—Houston [14th Dist.], July 14, 2020) (mem. op.). This case contains two claims: (1) disability discrimination under Texas Labor Code Section 21.105; and (2) breach of contract under Chapter 271 of the Texas Local Government Code. The […]
Carruth, et al v Henderson, 05-19-01195-CV (Tex. App. – Dallas, July 22, 2020). This is a mandamus action (and second interlocutory opinion) where the Dallas Court of Appeals issued a mandamus against the City Secretary of the City of Plano regarding a citizen’s referendum petition and granted summary judgment for the plaintiff citizens. The City […]
Webb County v. Juan C. Garcia, 04-19-00891-CV (Tex. App. – San Antonio, July 22, 2020) This is a motor vehicle accident case under the Texas Tort Claims Act (“TTCA”) where the San Antonio Court of Appeals affirmed the denial of the County’s plea to the jurisdiction. Webb County Sheriff’s Deputy Mauro Lopez witnessed Saldivar pass […]
City of Mansfield, et al., v Saverings, et al, 02-19-00174-CV (Tex. App. – Fort Worth, July 16, 2020) In this lengthy opinion, the Fort Worth Court of Appeals holds certain private property owners did not establish a right to declaratory relief regarding fee-simple ownership of lots over which the City exercised some regulatory control, asserting […]
Kehoe v Kendall County, 04-19-00825-CV (Tex. App. – San Antonio, July 15, 2020). This is a declaratory judgment case involving a private property easement where the San Antonio Court of Appeals affirmed the City’s plea to the jurisdiction and awarded sanctions against the Plaintiff. Kehoe asserts Kendall County improperly accepted a 40-foot easement across her […]
Genuine Parts Company v Ken Paxton, 03-19-00441-CV (Tex. App. – Austin, July 10, 2020) This is a Texas Public Information Act (“PIA”) case where the Austin Court of Appeals denied a third-party’s claim to keep its information held by the City of Houston excepted from release. An attorney in Virginia filed a PIA request for […]