Attorney Fees, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Injunction, Litigation, Procedure, Ultra Vires

Amarillo Court of Appeals holds fire marshal’s office employs firefighters who are entitled to civil service protection

City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-20-00315-CV, (Tex. App – Amarillo, Nov. 18, 2021) This is a civil service case where the Amarillo Court of Appeals affirmed in part and reversed in part a trial judgment holding the fire marshal’s office was entitled to civil service protection. […]

Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Fourth Court of Appeals upholds injunction preventing Governor from prohibiting ordinances regulating face masks – Governor’s authority does not extent to local health and safety regulations with separate grants of authority

Greg Abbott, in his Official Capacity as Governor of Texas, and State of Texas v. City of San Antonio and County of Bexar, 04-21-00342-CV (Tex. App. – San Antonino, November 10, 2021). This is a COVID-19 declaratory judgment (ultra vires) action brought against Texas Governor Gregg Abbott where the Fourth Court of Appeals held the […]

Discrimination, Employment Law, Litigation, Procedure

Notice of a termination is the date on which the 180-day clock starts for claims of employment discrimination under state law regardless of internal appeals of the termination.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Monte Alto I.S.D. v. Patricia Orozco, No. 13-21-00136-CV (Tex. App.—Corpus Christi Nov. 4, 2021) (mem. op.). In this appeal from a trial court’s denial of the school district’s plea to the jurisdiction, the school district appealed that the trial court did not have jurisdiction because […]

Contracts, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity, Takings, Ultra Vires, Vested Rigths

First Court of Appeals holds 380 development agreement was an agreement for goods and services (waiving immunity) but dismissed all other claims brought against the City by the developer

Town Park Center, LLC v. City of Sealy, Texas, Janice Whitehead, Mayor, Lloyd Merrell, City Manager and Warren Escovy, Assistant City Manager, 01-19-00768-CV, (Tex. App – Hou [1st], Oct. 28, 2021) In this contract dispute, the First Court of Appeals in Houston affirmed in part and reversed in part the City’s plea to the jurisdiction. […]

Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Takings

The plaintiff failed to show that damages were insufficient in a condemnation case where there was sufficient evidence supporting the judgment of the trial court.  

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Castellanos v. Harris County, Texas and City of Baytown, Texas., No. 01-20-00414-CV (Tex. App.—Houston [1st Dist.] Oct 7, 2021) (mem. op.). In this appeal from a trial court’s judgment in a condemnation case, the First Court of Appeals in Houston affirmed the trial court’s […]

Constitutional Challenge, Declaratory Judgments, Voting Rights

A charter election proposition that receives more votes than a second charter proposition on the same ballot can invalidate a second charter proposition if proper notice is given. 

Special contributing author Laura Mueller, City Attorney for Dripping Springs Hotze v. Sylvestor Turner, Mayor  and City of Houston, Texas., No. 14-19-00959-CV (Tex. App.—Houston [14th Dist.] Oct 12, 2021). In this appeal from a trial court’s summary judgment in favor of the city and mayor, the Fourteenth Court of Appeals in Houston affirmed the trial […]

Takings

City retains immunity from sewer backup claims as not evidence existed of specific, affirmative action by the city which caused damage

  Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Robinson v. Gabriel and Irene Rodriguez., No. 10-21-00075-CV (Tex. App.—Waco Oct 6, 2021) (mem. op.). In this appeal from a trial court’s denial of the city’s plea to the jurisdiction based on a takings claim, the Waco Court of Appeals reversed and […]

Litigation, Sovereign Immunity, TTCA

Fort Worth Court of Appeals holds dead tree which fell on trail jogger was a natural condition and City had not duty to warn

City of Arlington v. Monique Ukpong, 02-21-00078-CV, (Tex. App – Fort Worth, Oct. 14, 2021) This is a Texas Tort Claims Act (“TTCA”)/premise defect case where the Fort Worth Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the Plaintiff’s claims. Ukpong went running on the park’s trail, as […]

Litigation, Procedure, Sovereign Immunity, TTCA

Passenger in pickup truck injured during a car accident failed to timely sue within limitations says First District Court of Appeals

Andre Gibbs v. The City of Houston, 01-20-00570-CV, (Tex. App – Houston [1st Dist], Oct. 12, 2021) This is a Texas Tort Claims Act (“TTCA”) case where the First Court of Appeals affirmed the granting of the City’s motion for summary judgment. Brannon was driving a pickup truck when she collided with a Houston Police […]

Discrimination, Employment Law, Litigation, Procedure

Tyler Court of Appeals holds EEOC complainant’s deadline to file suit begins to run when his complaint is received by the EEOC, not when the appeal is perfected

  Gunter P. Coffey v. Texas Parks and Wildlife Department, 12-21-00015-CV, (Tex. App – Tyler, Oct. 6, 2021) This is an employment discrimination, hostile work environment, and retaliation claim in which the Tyler Court of Appeals affirmed the trial court’s order granting the Texas Parks and Wildlife Department’s plea to the jurisdiction. Coffey was employed […]