JOE VERA, INDIVIDUALLY AND JOSE VERA D/B/A BORDERFEST ASSOCIATION AND BORDERFEST ASSOCIATION v. CITY OF HIDALGO, A TEXAS MUNICIPAL CORPORATION, 13-16-00088-CV (Tex.App— Corpus Christi, January 5, 2017) This is a dispute between the City of Hidalgo and the BorderFest Association as to who owns the rights and ability to control the BorderFest annual cultural festival. […]
ONCOR ELECTRIC DELIVERY COMPANY LLC, ET AL., v. PUBLIC UTILITY COMMISSION OF TEXAS, ET AL., No.15-0005 (Tex. January 6, 2017) This is a Texas Supreme Court case which held several things, but the main issue of interest to local governments is factors used in determining rates as well as the validity of certain franchise […]
Tarrant Regional Water District v. Richard Johnson and Sharkara Johnson, 02-16-00043-CV (Tex. App— Fort Worth, December 30, 2016) This is an interlocutory appeal in a Texas Tort Claims Act (“TTCA”) case where the Fort Worth Court of Appeals affirmed-in-part and reversed-in-part the denial of the Tarrant Regional Water ‘s (“TRWD”) plea to the jurisdiction. This […]
Anita Connally v. Dallas Independent School District, 08-15-00310-CV ( Tex. App— El Paso, December 21, 2016) This is a Texas Whistleblower Act case where the El Paso Court of Appeals affirmed-in-part and reversed-in-part the granting of the school district’s plea to the jurisdiction. This is a 32 page opinion. DISD hired Connally in 2009 […]
Montgomery County v. David Lanoue, 09-16-00195-CV (Tex. App— Beaumont, December 29,2016) This is a Texas Tort Claims Act (“TTCA”) slip-and-fall case where the Beaumont Court of Appeals reversed the denial of the County’s plea to the jurisdiction and dismissed the case. When Lanoue entered the Montgomery County Courthouse, the floor had recently been mopped and […]
DISD reorganized the CAFD, renamed it the Finance and Accounting Support for Campuses Department (the FASCD), and decided the new department should be led by a Director, a position one managerial level higher than Manager. The DISD hired Donna Zemanek, an Anglo woman, to be the Director and terminated Allen by the elimination of her […]
BYRDSON SERVICES, LLC, D/B/A EXCELLO CONSTRUCTION, LLC v. SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION, No. 15-0158 (Tex. December 23, 2016) After South East Texas Regional Planning Commission (“Planning Commission” or “Commission”) received federal hurricane relief funding it contracted with Byrdson Services to rebuild certain areas within its jurisdiction. Under a contract between the State and […]
Laverie v Wetherbe, 15-0217 (Tex. December 9, 2016) This is a Texas Tort Claims Act §101.106(f) case where the Texas Supreme Court reversed and rendered an order denying a motion for summary judgment and held no “subjective intent” element exists requiring an employee to establish they acted only in their employment capacity. A Texas Tech professor […]
Arthur Delgado, Jr. v. River Oaks Police Department and City of River Oaks, 02-15-00205-CV (Tex. App— Fort Worth, November 23, 2016) Delgado sued the City and the Police Department for claims arising from his arrest for driving while intoxicated and an involuntary blood draw. The City and the Police Department filed pleas to the jurisdiction […]
James B. Bonham Corp v. The City of Corsicana, 06-16-00026-CV (Tex. App— Texarkana, November 29,2016) This is an eminent domain proceeding where the Sixth Court of Appeals affirmed the dismissal of an appeal from a special commissioner’s assessment. The City initiated eminent domain proceedings and a special commissioner’s panel assessed damages. The City deposited […]