University of the Incarnate Word v. Valerie Redus, et al., No.04-21-00115-CV, (Tex.App.—San Antonio, July 29, 2022) This appeal stems from a deadly force claim allegedly committed by a University of the Incarnate Word (“UIW”) police officer. UIW appealed a denial of its motion for summary judgment. The Fourth Court of Appeals affirmed the denial. Student […]
Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Cleveland v. Macie Martin LaFrance and Penny Martin, 09-20-00189-CV, (Tex. App – Beaumont, June 9, 2022) (mem. op.). In this appeal from a trial court’s denial of the city’s plea to the jurisdiction and no evidence summary judgment, the city appealed that […]
Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Raymondville v. Isabel Elizondo, Noe Espinoza Jr., Roxanne Franco, and Antonio Espinoza, 13-21-00375-CV, (Tex. App – Corpus Christi – Edinburg, May 26, 2022) (mem. op.). In this appeal from a trial court’s denial of the city’s plea to the jurisdiction, the city […]
City of Floresville, et al v. Nick Nissen, et al., 04-21-00042-CV (Tex. App. – San Antonio, June 29, 2022) In this case the Fourth Court of Appeals held that a home-rule city could change its official election date to either of the two uniform election days in Texas. The City of Floresville’s home-rule charter states […]
City of Fort Worth v Abdul Pridgen and Vance Keyes, No. 20-0700 (Tex. May 27, 2022) In this Whistleblower lawsuit, the Texas Supreme Court held the city employees did not make a qualifying “report” to trigger protection. The two employees (Pridgen and Keyes) were veteran law enforcement officers employed by the Fort Worth Police Department. […]
Josh Schroeder, et al. V Escalera Ranch Owners’ Association, Inc., No. 20-0855 (Tex. June 3, 2022) In this case, the Texas Supreme Court held individuals on the planning and zoning commission were entitled to immunity from ultra vires claims brought by third parties challenging a plat approval. Escalera Ranch is a subdivision within the City […]
City of Baytown v Alan Schrock, 20-0309 (Tex. May 13, 2022) In this takings case, the Texas Supreme Court held the City of Bayton (City) did not commit a taking by withholding utility service in order to collect unpaid utility bills. Schrock owned property that he would lease to tenants. The City’s ordinances […]
Builder Recovery Services, LLC v. The Town of Westlake, Texas, 21-0173, (Tex, May 20, 2022) In this case, the Texas Supreme Court held that general law cities have limited authority to impose license fees for solid waste collections. The Town of Westlake is a general-law municipality that imposed a percentage-of-revenue license fee on […]
Jaime Jaramillo v. The City of Texas City, 01-20-00654-CV, (Tex. App.—Houston [1st Dist.], Feb. 8, 2022, no pet. h.) (mem. op.). This is a takings case brought after the City initiated an enforcement action for a dilapidated building. The First District Court of Appeals affirmed the dismissal of the property owner’s claims. Jaramillo entered into […]
Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Austin, Texas v. Reagan Nat’l Advert. Of Austin, LLC., et al, No. 20-1029 (April 21, 2022). The primary question in regulating off-premise signs differently than on-premise signs is whether such a regulation implicates the First Amendment in a way that requires strict scrutiny […]