Supervisor’s directive that employee “snitch” on anything going wrong is not “criminal activity” under the Texas Whistleblower Act

Metropolitan Transit Authority of Harris County, Texas v. Ronald Williams 01-17-00724-CV (Tex. App—Houston, January 25, 2018) This is a Texas Whistleblower Act suit where the First District Court of Appeals in Houston reversed the denial of the employer’s plea to the jurisdiction and rendered judgment for the Metro Authority. Williams was a track maintainer for […]

Notice of water in alcove is not actual notice under TTCA of water in adjoining hallways says Fort Worth Court of Appeals

Tarrant County, Texas v. Margielene Carter-Jones 02-17-00177-CV (Tex. App– Fort Worth, January 25, 2018) This is a premise defect/Texas Tort Claims Act (“TTCA”) case where the Fort Worth Court of Appeals reversed the denial of a plea to the jurisdiction and rendered judgment for the County. Marks, a courthouse worker, noticed a puddle of water […]

Water District property entitled to tax exempt status even though District rents to private business on river front

Tarrant Appraisal District v. Tarrant Regional Water District 02-17-00042-CV (Tex. App— Fort Worth, January 25, 2018) The Tarrant Appraisal District (“TAD”) asserted part of the property owned by the Tarrant Regional Water District (“TRWD”) was not “used for public purposes” and therefore was not tax exempt. The Fort Worth Court of Appeals affirmed the order […]

Trial Court could not properly issue TRO to enjoin city from considering annexation ordinance

In Re City of Pearland, 14-17-00921-CV (Tex. App. – Houston [14th Dist.], January 9, 2018) The 14th Court of Appeals in Houston granted the City’s petition for mandamus compelling a trial court to lift its temporary restraining order issued in an annexation lawsuit. Senate Bill 6, which requires a city to obtain consent by a […]

Waco Court of Appeals holds property owner was precluded from bringing further claims for disannexation

Karen Hall v. City of Bryan, 10-16-00044-CV (Tex. App. –- Waco, January 3, 2018) This is a disannexation lawsuit where the Waco Court of Appeals affirmed the trial court’s summary judgment motion dismissing the Plaintiff’s claims for disannexation. This is the third lawsuit (4th appeal) brought by Hall in order to disannex property which was […]

Tyler Court of Appeals holds even though it was established more than 100 years ago and no street has been built, mere non-use of a dedicated road easement does not amount to abandonment.

The Jesus Christ Open Altar Church, et al. v. City of Hawkins, 12-17-00090-CV (Tex. App. – Tyler, December 21, 2017). This is a property dispute case in which the 12th Court of Appeals affirmed the trial court’s declaratory judgment regarding the City’s control over it right-of-way. The City filed a declaratory judgment action against the […]

Dallas Court of Appeals disagrees with El Paso Court of Appeals and holds civil service commission dismissal of grievance is still subject to appeal to district court

Rodney D. Bailey v. Dallas County, et al.,  05-16-00789-CV (Tex. App. – Dallas, December 21, 2017) This is a county civil service case where the Dallas Court of Appeals affirmed-in-part and reversed-in-part the County Defendants’ plea to the jurisdiction filed in a district court case challenging his termination. Bailey was a Dallas County Deputy Sheriff […]

Beaumont Court of Appeals holds assignee to contract proceeds established waiver of immunity, even though contractor was paid

The City of Beaumont, Texas v. Interflow Factors Corporation 09-17-00284-CV Tex. App — Beaumont, Texas December 21, 2017) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a contract dispute claim.  The Beaumont Court of Appeals affirmed the denial. Interflow sued the City and a contractor named Barnett alleging the […]

El Paso Court of Appeals holds non-appearance jurors failed to show waiver of immunity in contempt/fee challenge case but should be allowed to amend.

Joshua Luttrell, et al v. El Paso County, et al., 08-16-00090-CV (Tex. App. – El Paso, December 20, 2017). There is no way to categorize this case in a single sentence. In the thirty-nine page opinion, the El Paso Court of Appeals addressed a challenge to El Paso County’s use of a special assignment judge […]