Litigation, Mandamus, Procedure

Trial court in error for denying defendant’s designation of responsible third party even after SOL deadline says San Antonio Court of Appeals

In re Cleo Bustamante, Jr., 04-16-00333-CV (Tex.App— San Antonio, November 23,2016) This is a mandamus case of interest to litigators primarily who deal with proper designations for responsible third parties. The Fourth Court of Appeals, sitting en banc, determined it was error to deny the Defendant the ability to designate a responsible third party beyond […]

Contracts, Injunction

Trial court improperly issued injunction requiring customer to continue paying for City water under contract at higher rate

G-M Water Supply Corporation v. City of Hemphill, Texas,12-16-00129-CV (Tex.App— Tyler, November 22,2016) This is an injunction case where the Tyler Court of Appeals reversed an injunction requiring a purchaser of City water to make payments at a specific rate until otherwise ordered by the court. G-M is a nonprofit water supply company which had […]

Employment Law, Whistleblower

City initiated termination procedure by suspending employee, so no causal link for report made after suspension but before termination letter

David Jones v. City of Port Arthur, Texas, 09-14-00442-CV (Tex. App— Beaumont, November 17,2016) Jones was employed as an operator of a residential garbage truck with the City of Port Arthur. After he was terminated he sued under the Texas Whistleblower Act. Essentially, Jones reported his truck was leaking potentially flammable hydraulic fluid to the […]

Declaratory Judgments, Injunction, Land Use, Zoning

Trial court properly denied injunctive request to prohibit City from relocating administrative offices

Leslie E. Barras and Historic Orange Preservation Empowerment, Inc. v. The City of Orange, Texas, et al, 09-16-00073-CV (Tex. App— Beaumont, November 17,2016) This is an appeal from the denial of an injunctive request to prevent the City from relocating its administrative offices. In 1996, within the City’s Comprehensive Master Plan, the City determined its […]

Constitutional Challenge, Declaratory Judgments, Tax

City loses its suit to hold Tax Code provisions unconstitutional

City of Austin v. Travis Central Appraisal District, et al, 03-16-00038-CV (Tex. App — Austin. November 10,2016) This is an appraisal case involving vacant land and commercial real property where the City sought to declare parts of the Tax Coder were unconstitutional. The Austin Court of Appeals affirmed the trial court’s dismissal of the suit. […]

Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit holds it was not unconstitutional for office to use non-deadly punches to gain control of the arms of a drunken, actively resisting suspect.

Griggs v. Brewer, No. 16-10221(5th Cir. October 28,2016) This is a qualified immunity/excessive force claim where the U.S. 5th Circuit affirmed the granting of the officer’s qualified immunity defense. Officer Charley Brewer conducted a routine traffic stop of a vehicle driven by Tanner Griggs after Griggs ran a red light. After examining Griggs, Officer Brewer […]

Declaratory Judgments, Elections, Injunction, Litigation, Procedure

Petitioner did not conclusively establish charter amendment petition was valid; but city did not prove it was not valid so case remanded

City of Galena Park, Et Al. v. Barry Ponder, 14-15-00708-CV (Tex.App— Houston [ 14th Dist.] October 25, 2016) In this suit to compel a charter amendment election, the 14th Court of Appeals reversed the granting of a summary judgment which favored the election. Barry Ponder delivered a set of papers to Galena Park City Secretary […]

Sovereign Immunity, TTCA

Falling item in room was a premise defect case, not a tangible personal property case under TTCA says Dallas Court of Appeals

Laura Constantino v. Dallas County Hospital District d/b/a Parkland Health & Hospital System a/k/a Parkland Memorial Hospital, 05-15-01273-CV (Tex.App— Dallas, October 24,2016) This is the second appellate decision regarding this negligent case where the Court of Appeals held this was a premise defect case only and dismissed the case. Dallas County Hospital District (“Parkland Hospital” […]

Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Takings, Tax

City’s summary judgment reversed and remanded under failure to address Patel due-course-of-law analysis; dismissal of all other constitutional challenges to utility late fee ordinance affirmed

Gatesco Q.M. Ltd d/b/a Quail Meadows Apartments, a Texas Limited Partnership v. City of Houston, 14-14-01017-CV (Tex. App— Houston [ 14th Dist.], October 20, 2016) In this case the 14th Court of Appeals affirmed-in-part and reversed-in-part the granting of the City’s summary judgment motion in this constitutional challenge to the City utility charging late fees […]

Discrimination, Employment Law

College’s evidence established employee was incompetent for her job; therefore not qualified; therefore could not make a prime facie case for discrimination

Darla Lackey v. Lone Star College System, 09-15-003999-CV (Tex. App— Beaumont, October 20, 2016) This is an employment discrimination case where the Beaumont Court of Appeals affirmed the granting of the College’s plea to the jurisdiction. Lackey is a forty-three-year-old Caucasian female who was employed by the Lone Star College System (“LSCS”) as a human […]