Eminent Domain, Litigation, Procedure, Takings

Property Owner Rule entitled representative to testify as to value of damage to remainder of property after road expansion

The State of Texas v. Speedway Grapevine I, LLC, A Texas Limited Liability Company, and First Commercial Bank, N. A 02-16-00144-CV (Tex.App—Fort Worth, October 19, 2017) This is a condemnation case where the Fort Worth Court of Appeals affirmed the jury verdict condemnation award, including the admission of valuation evidence by the owner’s representative. Speedway […]

Board of Adjustment, Declaratory Judgments, Injunction, Zoning

City’s letter advising of BOA decision was not “the decision filed in the board’s office” for purpose of BOA appeal deadlines under Chapter 211 says Austin Court of Appeals

  Lisa Risoli v. Board of Adjustment of the City of Wimberley, and the City of Wimberley  03-17-00385-CV (Tex.App—-Austin October 19, 2017) This is a board of adjustment appeal where the Austin Court of Appeals remanded the property owner’s claims back to the trial court. Risoli sued arguing the Board of Adjustment of the City […]

Litigation, Procedure, Sovereign Immunity, TTCA

Fort Worth Court of Appeals held trial court was within its discretion to allow Plaintiff time to replead and produce evidence in response to jurisdictional plea

City of Bedford v. Leah Smith 02-16-00436-CV (Tex. App—– Fort Worth, October 12, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving a pedestrian falling into a manhole where the Fort Worth Court of Appeals affirmed in part and reversed in part the denial of the City’s plea to the jurisdiction. Smith alleges […]

Litigation, Sovereign Immunity, TTCA

Dallas Court of Appeals holds immunity is waived when employees dropped elderly woman while lifting her from wheelchair

Dallas County Hospital District d/b/a Parkland Health & Hospital System v. Connie Moon, as Personal Representative of the Estate of Sandra Mercado 05-17-00538-CV (Tex.App— Dallas, October 12, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving the alleged negligent use of tangible personal property (i.e. a wheelchair) in which the Dallas Court of […]

Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Ultra Vires

Texarkana Court of Appeals holds the vote and decision not to vote on District business cannot be an ultra vires claim

Kilgore Independent School District, et al. v. Darlene Axberg, John Claude Axberg, Sheila Anderson, and the State of Texas 06-17-00060-CV (Tex.App— Texarkana, October 12, 2017) This is an appeal from the denial of a plea to the jurisdiction where property owners brought ultra vires and invalidity claims arising from the school district’s repeal of a […]

Constitutional Challenge, Litigation, Procedure, Sec. 1983, Sovereign Immunity, TTCA

State properly dismissed from suit alleged “falsified sovereignty”

Claudia Puentes v. The State of Texas,04-17-00258-CV ( Tex. App— San Antonio, October 4, 2017). This is an interlocutory appeal where the San Antonio Court of Appeals affirmed the granting of the State’s plea to the jurisdiction in this §1983 case. Puentes initially alleged she was assaulted, drugged and remove from a bar (“Brass Monkey”) […]

Sovereign Immunity, TTCA

Dallas Court of Appeals holds simply because building was having roof repairs does not equate to actual knowledge of dangerous condition due to water at specific location of convention center

City of Dallas v. Leslie Papierski 05-17-00157-CV (Tex. App— Dallas, October 2,2017) This is a Texas Tort Claims Act (“TTCA”) case and interlocutory appeal from the denial of the City’s plea to the jurisdiction. The Dallas Court of Appeals reversed and rendered in favor of the City. The Dallas Convention Center hosted a cheerleading competition […]

Litigation, Sovereign Immunity, TTCA

Plaintiff failed to plead ordinary negligence under Recreational Use Statute, but properly alleged gross negligence

City of Midland and Washington Aquatic Center v. Herbert Bunch, 11-16-00276-CV (Tex. App. – Eastland, September 29, 2017). This is a Texas Tort Claims Act/Recreational Use case where the Eastland Court of Appeals reversed in part and affirmed in part a trial court order denying the City’s plea to the jurisdiction. Bunch alleges he was […]

Sovereign Immunity, TTCA

Trial court properly denied plea in vehicle accident case since City officer saw Plaintiff rubbing his back noting he had “a slight pain”

 City of San Antonio v. Carlos Mendoza 04-17-00168-CV (Tex.App— San Antonio, September 13, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving the alleged negligent operation or use of a motor vehicle in which the San Antonio Court of Appeals affirmed the denial of the City’s plea to the jurisdiction. Officer Gonzales, an on-duty […]

Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Ultra Vires

District immune from suit challenging the validity of district actions, but Plaintiff entitled to replead as ultra vires claim

 Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1 (Cross-Appellee) v. Bandera County River Authority and Groundwater District (Cross-Appellant) 04-16-00536-CV (Tex.App— San Antonio, September 13, 2017) This is a declaratory judgment case between two local governmental entities. The San Antonio Court of Appeals held no jurisdiction was present in the pleadings but remanded to allow […]