Declaratory Judgments, Health and Safety, Injunction, Mandamus, Nuisance

City properly brought enforcement of junked vehicle ordinance in district court, but city ordinance did not properly adopt alternative administrative procedure

In re Philip T. Pixler, 02-18-00181-CV (Tex. App. – Fort Worth, July 26, 2018). This is a mandamus suit where the Fort Worth Court of Appeals held the district court had jurisdiction over the City of Newark’s enforcement of its junk vehicle ordinance, but that the City ordinance did not properly create an alternative mechanism […]

Litigation, Sovereign Immunity, TTCA

Austin Court of Appeals holds vehicle barrier into parking lot was not a traffic control device; therefore plaintiff injured by tripping on barrier must proceed under premise defect theory

Texas Facilities Commission v. Courtland Speer, 03-17-00244-CV (Tex. App. – Austin, August 31, 2018). This is a Texas Tort Claims Act (“TTCA”) trip and fall case where the Austin Court of Appeals reversed the denial of the Commission’s plea to the jurisdiction. The Commission manages State-of-Texas-owned properties that include a surface parking lot, designated as “Lot […]

Agency, Declaratory Judgments, Injunction, Litigation

Historic Commission’s suit moot after City acquired title to property says El Paso Court of Appeals

City of El Paso v Grossman, 02-17-00384-CV (Tex. App. – El Paso, August 30, 2018). Max Grossman, an assistant professor of Art History at the University of Texas-El Paso and who serves on the El Paso County Historical Commission, sought a declaratory judgment to prevent the City from demolishing an older downtown area, “Duranguito” (Union […]

Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

Ex-employee failed to file supplemental EEOC charge, so failed to exhaust administrative remedies says Eastland Court of Appeals

  Christopher Wernert v. City of Dublin, 11-16-00104-CV (Tex. App. – Eastland, August 30, 2018). This is an employment discrimination case were the Eastland Court of Appeals affirmed the granting of the City’s dispositive motion. Wernert was a police officer for the City who suffered a serious knee injury on the job when he slipped […]

Litigation, Sovereign Immunity, TTCA

Police report insufficient to establish actual notice of a claim under the TTCA says Eastland Court of Appeals

Darvus Henry v. City of Midland, 11-16-00265-CV (Tex. App. – Eastland, August 31, 2018). This is a Texas Tort Claims Act (“TTCA”) vehicle collision case where the Eastland Court of Appeals upheld the granting of the City’s plea to the jurisdiction based on lack of timely notice. Henry sued the City of Midland asserting that […]

Litigation, Sovereign Immunity, TTCA

County immune from suit brought by late Judge’s widow asserting her husband was exposed to asbestos in the Jefferson County courthouse and subsequently died.

Jefferson County, Texas v. Ellarene Farris, et al., 01-17-00493-CV (Tex. App. – Houston [14th Dist.], August 31, 2018). This is an interlocutory appeal in a wrongful death case where the 14th Court of Appeals reversed the denial of Jefferson County’s plea to the jurisdiction. Widow Ellarene Farris asserts her late husband, Judge James Farris, was […]

Litigation, Sovereign Immunity, TTCA

School immune from suit where student drop-off only provided location of incident – student’s injuries caused by reckless driver

Stiff v. Kaufman Indep. Sch. Dist., 05-17-00988-CV, 2018 WL 3725278, at *1 (Tex. App.—Dallas August 6, 2018) (mem. op.). This is a school bus/drop-off case brought under the Texas Tort Claims Act (“TTCA”). The Dallas Court of Appeals affirmed the trial court’s judgment in favor of the school. . Seven-year-old Nicholas Christopher Garza (“Garza”) exited […]

Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure

Texas judge’s successfully reverse injunction in federal court regarding system for setting bail for indigent misdemeanors

ODonnell v. Harris County, et al.,  No. 18-20466 (5th  Cir. Aug. 14, 2018). Plaintiffs brought a class action against Harris County and numerous officials, including judges and hearing officers under §1983 asserting the system for setting bail for indigent misdemeanor arrests violates their due process and equal protection rights. They obtained a preliminary injunction preventing […]

Sovereign Immunity, TTCA

First District Court of Appeals holds evidence that the City could have done more to warn the licensee does not show actual knowledge of a dangerous condition under Texas Tort Claims Act

  The City of Stafford, Texas v. Joe Svadlenak 14-18-00089-CV,  2018 WL 3734021 (Tex. App – Houston [1st Dist.], August 7, 2018) This is a Texas Tort Claims Act (“TTCA”)/premise defect case where the First District Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the Plaintiff’s claims. Svadlenak, […]

Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Discrimination, Employment Law, Injunction, Retaliation, Sovereign Immunity, Whistleblower

Sheriff’s deputy unable to sue for TCHRA, Whistleblower Act, and collective bargaining claims says Beaumont Court of Appeals

Jefferson County, Texas v. Cherisse Jackson, 09-17-00197-CV (Tex. App. – Beaumont, July 26, 2018). This is an interlocutory appeal from the denial of a plea to the jurisdiction in an employment suit where the Beaumont Court of Appeals reversed and dismissed the Plaintiff’s claims. Jackson sued the County alleging the sheriff and Deputy Werner with […]