W.A “Andy” Meyers, individually and in his capacity as Fort Bend County Commissioner v. JDC/Firethorne, LTD., a Texas limited partnership; from Fort Bend County; 14th Court of Appeals District (14-15-00860-cv, 514 sw3d 279, 12-22-16) In this land development suit, the Texas Supreme Court held because an individual county commissioner lacks legal authority to receive, process, […]
Wasson Interests, Ltd. vs. City of Jacksonville,17-0198, — S.W.3d. — (Tex. June 1, 2018) In 2016 the Texas Supreme Court held the proprietary/governmental dichotomy applies in a breach of contact case. Summary found here. In this companion case, the Court held the contract was entered into as part of the City’s proprietary function and […]
City of Edinburg v. GNJ Realty Investments LLC, 13-17-00290-CV (Tex. App.—Corpus Christi-Edinburg August 22, 2017). This is an interlocutory appeal in a Texas Tort Claims Act (“TTCA”)/sewage backup case involving alleged negligent operation of a motor-driven lift pump. The 13th Court of Appeals reversed and rendered an opinion in favor of the City. GNJ […]
Peter Schmitz, et al v. Town of Ponder, Texas, et al. 02-16-00114-CV, (Tex. App. – Fort Worth, May 10, 2018). This is a substituted opinion. Summary of original opinion found here. This is an appeal from a final judgment against the Plaintiffs who attempted to force the Town to enforce its zoning laws against […]
Lenda Vogler v. City of Lamesa and April Vara 11-16-00168-CV (Tex. App – Eastland, May 24, 2018) The Eastland Court of Appeals affirmed the City of Lamesa Board of Adjustment’s grant of a setback variance for a car port. Vara sought a setback variance from the City of Lamesa Board of Adjustment (“BOA”) in order […]
Patsy B. Anderton, et al. v. City of Cedar Hill, 05-17-00138-CV (Tex. App. – Dallas, May 25, 2018) The Dallas Court of Appeals affirmed-in-part and reversed-in-part a judgment for the City of Cedar Hill (“City”) in a case involving a non-conforming use in a specific zoning district. This case went up and down the appellate […]
Fort Worth Transportation Authority, et al., v Rodriquez, et al., 16-0542 (Tex. April 27, 2018) This is a statutory-construction case on the damages-cap and election-of-remedies under the Texas Tort Claims Act (“TTCA”). After Peterson, a pedestrian, was struck and killed by a public bus in Fort Worth, her daughter, Rodriguez, sued the Fort Worth […]
Gilberto Hernandez v. Dallas Independent School District, 05-17-00227-CV (Tex. App. – Dallas, April 18, 2018). This is a Texas Whistleblower Act case where the Dallas Court of Appeals affirmed the dismissal of the Plaintiff’s claims. The Dallas Independent School District (“DISD”) employed Hernandez as an elementary school teacher for approximately sixteen years. Prior to the […]
Neighborhood centers INC. v. Doreatha Walker; from Harris County, 16-0897, — S.W.3d. –, (Tex. April 13, 2018) The Texas Supreme Court held that an open enrollment charter school is not subject to the Texas Whistleblower Act. Neighborhood Centers is an open enrollment charter school which hired Doreatha Walker as a third-grade teacher. She had […]
Jefferson County, Texas v. Jefferson county constables association, 16-0498, — S.W. 3d. – (April 13, 2018) The Texas Supreme Court ends a split in the circuits and holds constables are “police officers” who work for a “police department” for purposes of the collective bargaining statute. Jefferson County (“County”) and the Jefferson County Constable Association […]