FLCT, Ltd. and Field Street Development I, Ltd. v. City of Frisco, Texas, 02-14-00335-CV (Tex. App.- Fort Worth, May 26th 2016) Owners are two partnerships that own adjacent property in Frisco. FLCT’s tract is located on the actual corner; Field’s tract is located directly east of FLCT’s. In both 2006 and 2007, the City’s zoning […]
County of Galveston, Texas v. Triple B Services, LLP 01-15-00565-CV (Tex. App.- Houston[1st Dist.], May 26th 2016) This is a contractual immunity case involving a road construction project where the First District Court of Appeals affirmed-in-part and reversed-in-part the denial of a plea to the jurisdiction. Triple B Services, LLP filed a lawsuit against Galveston […]
Donna Pulkrabek v. The University of Texas Southwestern Medical Center 05-14-01341-CV (Tex. App.- Dallas, May 25th 2016) and Thobe v. The University of Texas Southwestern Medical Center 05-14-01450-CV (Tex. App.- Dallas, May 25th 2016) These are companion Texas Whistleblower Act cases in which the Dallas Court of Appeals affirmed the granting of the Medical Center’s […]
The City of Helotes, Tom Schoolcraft, Rick Schroder, and Ernest Cruz v. Continental Homes of Texas, LP, 04-15-00571-CV (Tex. App. – San Antonio, June 1, 2016). This is a case where a property owner challenged a City’s extension of its extraterritorial jurisdiction . San Antonio released its ETJ to Helotes and Helotes passed an ordinance […]
The City of Austin v. Jennifer Frame, et al 03-15-00292-CV (Tex. App.- Austin, May 26th 2016) This is a recreational use personal injury case where the Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the case. Rosales jumped the curb and drove onto a hike-and-bike trail. In so […]
In Re Lazy W District No. 1. , 15-0117 (Tex. May 27, 2016) This original mandamus proceeding involves two governmental entities, one of which petitioned for condemnation of a water pipeline easement across the other’s land. The Tarrant Regional Water District (“the Water District”) supplies water to some two million Texans across 11 counties. The […]
Coyote Lake Ranch, LLC v City of Lubbock, 14-0572 (Tex. May 27, 2016) This is a dispute over a groundwater lease owned by the City and whether the accommodation doctrine (which is founded in oil and gas law) applies. The Texas Supreme Court held that it does. Coyote Lake Ranch is used primarily for agriculture, […]
Town of Lakewood Village v Bizios, 15-0106 (Tex. May 27, 2016) This is an interlocutory appeal from a temporary-injunction order regarding whether a Type A general-law municipality has authority to enforce its building codes and building-permit requirements within its extraterritorial jurisdiction (“ETJ”). The Texas Supreme Court held it could not. The Town’s ETJ encompasses part […]
Jose Gerardo Padilla, et al v. Metropolitan Transit Authority of Harris County 14-14-00938-CV (Tex. App.- Houston, May 24th 2016) This is an inverse condemnation case where the 14th Court of Appeals reversed the dismissal and remanded for trial. Padilla’s restaurant was located on the southeast corner of an intersection. Metro contracted with HRT for construction […]
Pratt v. Harris County 15-20080 (5th Circuit- May 3rd 2016) This is a §1983 excessive force case where the trial court granted the officer’s qualified immunity motions. The 5th Circuit affirmed. Pratt was involved in a minor traffic accident. Upon arriving at the scene, deputies observed Pratt “running in circles . . . imitating a […]