Property owner could not sue for declaratory judgment to interpret meaning of penal ordinance

City of Justin v. Ronald Wesolak 02-15-00379-CV (Tex. App. Fort Worth- May 20th 2016) This is a declaratory judgment and takings claim where the Fort Worth Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the claims. Wesolak owns two adjoining tracts of land in the City, and built […]

Court holds DA sought PIA clarification in good faith

Ogochukwu J. Okowo v. District Attorney, Harris County 14-15-00289-CV (Tex. App. Houston [14th Dist.], May 19th 2016) This is a Public Information Act (“PIA”) case involving the Harris County District Attorney’s Office. Okowo was charged and pled guilty to assault.  After he completed his deferred adjudication he made an oral request with the District Attorney’s […]

Trial court properly dismissed various claims brought against Board of Adjustment

Glen Sumner v. Board of Adjustments of City of Spring Valley Village, Texas; The City of Spring Valley Village Texas, Art Flores, and Rickie Prichard 14-15-00149-CV (Tex. App- Houston [14th Dist.], May 17th 2016). This is a board of adjustment and takings case where the 14th Court of Appeals affirmed the dismissal of all Plaintiff’s […]

Police officer hired by private university established entitlement to official immunity

William Marsh Rice University and Gary Spears v. Rasheed Rafaey 14-13-00235-CV (Tex. App.- Houston [14th Dist.], May 17th 2016) A man arrested by a private-university peace officer sued the officer and the university asserting various tort claims, but the 14th Court of Appeals determined the officer (and by extension the University) established entitlement to official […]

Ordinance 30 day limitation to appeal BOA determination was not a statutory prerequisite, so trial court retained jurisdiction of takings claim

Nancy Wedgeworth v. City of Amarillo, et al. 07-15-00301-CV (Tex. App. – Amarillo, May 17, 2016) This is a structural standards case where the Amarillo Court of Appeals reversed the trial court’s granting of a plea to the jurisdiction. Wedgeworth owned a house which was damaged by fire. The property was vacated and two years […]

County boundary dispute improperly transferred away from neutral district court says 13th Court of Appeals

San Patricio County, Texas v. Nueces County, Texas and Nueces County Appraisal District 13-14-00293-CV (Tex. App.- Corpus Christi, May 12th 2016) This is a case mainly for county attorneys dealing with a dispute between two counties regarding a boundary dispute. In 2003, after years of litigation between San Patricio County and Nueces County, the trial […]

County employee entitled to proceed with “regarded as” disability claim after completing treatment for tuberculosis; all other claims dismissed under plea to the jurisdiction

El Paso County, Texas v. Mary Lou Vasquez 08-15-00086-CV  (Tex. App.- El Paso, May 5th 2016) This is an employment discrimination/retaliation case where the El Paso Court of Appeals reversed in part and affirmed in part the denial of the County’s plea to the jurisdiction. Vasquez was  a Collection Specialist with the El Paso County’s […]

Filing post-submission brief of hearing examiner’s opinion in a related civil service case was potentially an unlawful means of obtaining a hearing examiner opinion in second case says Austin Court of Appeals

Michelle Gish v. City of Austin, Texas 03-14-00017-CV (Tex. App.- Austin, May 11th 2016) This is a Civil Service Act case where the Third Court of Appeals reversed the granting of the City’s plea to the jurisdiction and remanded the case. Michelle Gish was indefinitely suspended from her job with the Austin Police Department. She […]

U.S. Supreme Court holds, in matter of first impression, police officer is protected by 1st Amendment even though he did not engage in protected activity

Heffernan v. City of Paterson 14-1280 (U.S. April 26, 2016) This is a First Amendment in employment §1983 cause of action which appears to be a case of first impression. The United States Supreme Court held that even though a police officer did not engage in protected political activity, the City’s mistaken belief that he […]

13th Court disagrees with 4th Court and holds constables can collectively bargain

Jefferson County Constables Association v. Jefferson County, Texas 13-14-00188-CV (Tex. App.- Corpus Christi, May 5th 2016) This is a civil service case where the County sought to overturn an arbitration award. The 13th Court of Appeals expressly disagreed with the 4th Court and created a split in the circuits as to whether the Fire and […]