City of McKinney v. El Dorado Land Company, LP 05-15-00067-CV (Tex. App.- Dallas, May 3, 2016). This is a takings case regarding a dedication of property with a possibility of reverter where the Dallas Court of Appeals reversed the granting of the grantor’s summary judgment and ruled in favor of the City. Eldorado conveyed the […]
Cordelia Moscrip, Michelle Stewart and Tracy Romero v. Maura Kraus 04-15-00734-CV (Tex.App.–San Antonio, April 27, 2016) This is a defamation case where the Fourth Court of Appeals denied an election of remedies dismissal for employees of the University of Texas Health Science Center San Antonio (“UTHSCSA”) under Tex. Civ. Prac. & Rem. Code §101.106(f). While […]
BCCA APPEAL GROUP, INC. v. CITY OF HOUSTON, 13-0768 (Tex. April 29, 2016) This is essentially a preemption case where the Court determined whether the Texas Clean Air Act and the Act’s enforcement mechanisms in the Texas Water Code preempts a Houston air-quality ordinance. The Court held the City ordinance invalid. The Texas Clear Air […]
Jeanette Hagelskaer v. Texas Department of Transportation 09-15-00279-CV (Tex. App. – Beaumont, April 21, 2016). This is an appeal from the granting of TxDOT’s plea to the jurisdiction where the Beaumont Court of Appeals modified the judgment but affirmed the granting of the plea. This is a personal injury case where a bicyclist was in a […]
Harris County, Texas v. Stephanie Jo Baker, 01-15-00930-CV (Tex. App. – Houston [1st Dist.], April 21, 2016) This is a negligence case based on injuries allegedly incurred during an arrest. The First District Court of Appeals reversed the denial of the County’s plea to the jurisdiction and dismissed the case. A deputy with the Harris […]
City of Pearsall v. Robert Tobias 04-15-00302-CV (Tex. App. – San Antonio, April 20, 2016) This is an employment case where the San Antonio Court of Appeals reversed a trial court judgment awarding a former city manager severance damages. In 2013 Tobias entered into an employment contract for the City Manager position. The term was […]
Bert Wallace v Kent County, Texas, No. 07-14-00216-CV (Tex. App. – Amarillo, April 13, 2016) This is an attorney’s fee case, but one which applies when a party sued a governmental entity under the Uniform Declaratory Judgment Act (“UDJA”). However, it will mainly be of interest to litigators. Wallace sought a UDJA declaration that a […]
The City of Carrollton v Ken Paxton, Attorney General of Texas, No. 03-13-00838-CV (Tex. App. – Austin, April 14, 2016) This is another Public Information Act (“PIA”) case involving requestor Steven Benzer to come out within the two weeks. The first opinion summary can be found here. In this case the court made numerous references […]
The City of Austin Firefighters’ and police Officers’ Civil Service Commission, et al v William M. Stewart, No. 03-15-00591-CV (Tex. App. – Austin, April 14, 2016) This is a civil service employment dispute where the Austin Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the Plaintiff’s claims. Stewart […]
WHEELABRATOR AIR POLLUTION CONTROL, INC. v. CITY OF SAN ANTONIO 15-0029 (Tex. April 15, 2016) This Texas Supreme Court case is another proprietary/governmental dichotomy case regarding contracts where the Court held the public utility contract at issue was a proprietary function not protected by immunity. For those following the split in the circuits and the […]