Board of Adjustment of the City of San Antonio v. Michael and Theresa Hayes 04-15-00021-CV (Tex. App. – San Antonio, February 24, 2016) This is a board of adjustment case where the 4th Court of Appeals held the BOA had jurisdiction to hear a second, but materially different, appeal regarding a fence. Director of the […]
Stem v. Gomez No. 15-50264 (5th Cir. February 8, 2016) This is an appeal from a dismissal for failure to state a claim where the United States 5th Circuit Court of Appeals reversed in part and affirmed in part a constitutional claim under chapter 614 of the Texas Government Code. Stephen Stem, a second-year officer […]
Wilfrido Mata v. Harris County, Texas, 14-14-00363-CV (Tex. App. – Houston [14th Dist.], February 18, 2016) This is a Texas Whistleblower Act case where the 14th Court of Appeals affirmed the granting of a plea to the jurisdiction based on the Plaintiff’s failure to comply with administrative prerequisites. Mata was employed by the Harris County […]
Texas Department of Transportation v. Paul Kirk, 11-15-00105-CV (Tex. App. – Eastland, February 11, 2016). Kirk sued TxDOT after he lost consciousness while driving and hit a guardrail. Kirk alleged that the guardrail end terminal that he hit was an “ET-Plus” design. When he hit the rail, part of it entered the vehicle cabin and […]
Reed v Town of Gilbert, 13-502 (U.S. June 18, 2015). This is a sign code case in which the U.S. Supreme Court invalidated the Town’s code as being content based and could not survive strict scrutiny. The Town of Gilbert (“Town”) has a sign code which prohibits the display of outdoor signs without a permit, […]
Allen Mark Dacus, Elizabeth C. Perez, And Rev. Robert Jefferson v Annise D. Parker and City of Houston. 13-0047, (Tex. June 12, 2015). This is an election contest case in which the Texas Supreme Court held the ballot did not make clear that the city charter amendment imposed charges directly on many voters and […]
PARTNERS DEWATERING INTERNATIONAL, L.C. v. CITY OF RIO HONDO 13-13-00340-CV (Tex. App. – Corpus Christi, June 11, 2015) This is an interlocutory appeal from the granting of a plea to the jurisdiction in a contract case which the 13th Court of Appeals reversed and remanded. Partners Dewatering International (“PDI”) and the City entered into a […]
William Marsh Rice University and Rice University Police Department and Officer Henry Cash v. Michael Clayton Thomas 01-14-00908-CV (Tex. App. – Houston [1st Dist.] June 4, 2015). This is a false arrest case in which the First District Court of Appeals reversed the denial of summary judgments based on official immunity and rendered judgment for […]
ACE Cash Express, Inc. v. The City of Denton, Texas 02-14-00146-CV (Tex. App. – Fort Worth, June 4, 2015). This is a case involving a company’s attempt to invalidate a city ordinance regulating credit access businesses in which the Fort Worth Court of Appeals affirmed the granting of a plea to the jurisdiction. The Credit […]
Adriana P. Perez v Webb County, 04-14-00275-CV, (Tex. App. — San Antonio, June 3, 2015) This is an automobile accident case under the Texas Tort Claims Act which resulted in a lead opinion, a concurring opinion for very different reasons and a dissent. The length of this summary goes to the differences in the varying […]