Sovereign Immunity, TTCA

Since injured inmate had observed repair of table and knew it was inadequate, inmate accepted the risk of sitting at table – County therefore not liable under TTCA

Hidalgo County Detention Center v. Isidro Villa Huerta, 13-20-00113-CV, (Tex. App – Corpus Christi & Edinburg, July 22, 2021) This is a premise liability case under the Texas Tort Claims Act (“TTCA”) where the Corpus Christi & Edinburg Court of Appeals reversed a denial of the City’s plea to the jurisdiction and dismissed the claims. […]

Agency, Declaratory Judgments, Litigation

Austin Court of Appeals holds AG established only 6 days of violations by city of concealed handgun prohibitions, not the 500+ asserted

Ken Paxton, Texas Attorney General v. City of Austin, Mayor Steve Adler, Ora Houston, Delia Garza, Sabino Renteria, Gregorio Casar, Ann Kitchen, Don Zimmerman, Leslie Pool, Ellen Troxclair, Kathie Tovo, and Sheri Gallo, each in their Official Capacity, 03-19-00501-CV, (Tex. App – Austin, July 22, 2021) This is a handgun notice/AG penalty case against the […]

Discrimination, Employment Law, Whistleblower

Evidence that a decisionmaker knew about the report of illegal activity is required to prove a Whistleblower retaliation claim.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Houston Community College v. Sabrina Lewis, No. 01-19-00626-CV (Tex. App.—Houston [1st Dist.], June 29, 2021) (mem. op.). In this appeal from a trial court’s holding denying the college’s plea to the jurisdiction on racial discrimination claim and Whistleblower claim, the First District Court of Appeals […]

Litigation, Procedure, Sovereign Immunity, TTCA

Dallas Court of Appeals holds coordination of extra-duty assignments for police officers is a governmental function – Plaintiffs required to provide proper notice of claim under TTCA

Town of Highland Park v. Tiffany Renee McCullers, individually and for the benefit of Calvin Marcus McCullers and Calvin Bennett McCullers and ANF of C.J., Minor, and Sonya Hoskins, et al, 05-19-01431-CV, (Tex. App – Dallas, June 29, 2021) This is a Texas Tort Claims Act (“TTCA”) case in which the Dallas Court of Appeals […]

Constitutional Challenge, Declaratory Judgments, Injunction

Copyright infringement does not qualify as a constitutional taking says Texas Supreme Court

Jim Olive Photograph, D/B/A Photolive, Ince v University of Houston System, 19-0605 (Tex. June 18, 2021) The Texas Supreme Court held that a governmental entity’s infringement on a copyright does not qualify as a taking under the federal or state constitution. Jim Olive Photography d/b/a Photolive, Inc. (Olive) is a professional photographer who took a […]

Declaratory Judgments, Land Use, Zoning

Texas Supreme Court holds historic preservation ordinance is not “zoning” but must still comply with certain Chapter 211 requirements

Powell, et al., v City of Houston, 19-0689 (Tex. June 4, 2021) The Texas Supreme Court determined that Houston’s Historic Preservation Ordinance was not a zoning ordinance and therefore the zoning restrictions under state law do not apply. However, certain provisions of Chapter 211 of the Texas Local Government Code still apply to the ordinance. […]

Litigation, Procedure, Sovereign Immunity, TTCA

Tyler Court of Appeals holds Tort Claims Act notice must list specific claimants in order to waive immunity

Leondra Leach v. The City Of Tyler, 12-21-00004-CV (Tex. App. – Tyler June 9, 2021). This is a Texas Tort Claims Act (“TTCA”) premise defect case where the Tyler Court of Appeals affirmed the trial court’s order dismissing the case for lack of proper notice. Leach asserts he was injured when a piece of board […]

Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Sovereign Immunity, Takings

Fort Worth Court of Appeals holds oral pronouncements from bench cannot be considered when appealing a written order granting Town’s plea to the jurisdiction

John Artuso v. Town of Trophy Club, Texas, 02-20-00377-CV, (Tex. App – Fort Worth, May 13, 2021) This is a negligence, taking,  and declaratory judgment action where the Fort Worth Court of Appeals affirmed the granting of the Town’s plea to the jurisdiction. Plaintiff Artuso sued the Town of Trophy Club for negligence and gross […]

Contracts, Sovereign Immunity

Termination of as needed contract did not result in any damages under chapter 271, so no waiver of immunity exists

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Heath v. Robert Williamson d/b/a PCNETSYS, No. 05-20-00685-CV (Tex. App.—Dallas, May 3, 2021) (mem. op.). In this interlocutory appeal from a trial court’s holding denying a city’s plea to the jurisdiction on a contract claim, the Fifth Court of Appeals vacated the trial […]

Declaratory Judgments, Litigation, Mandamus, PIA, Procedure

Eastland Court of Appeals holds City failed to obtain ruling on special exceptions, therefore it could not complain about a lack of factual specificity in the pleadings within its plea to the jurisdiction

City of Odessa, Texas v. AIM Media Texas, LLC d/b/a The Odessa American, 11-20-00229-CV  (Tex. App. – Eastland, May 13, 2021). This is a Public Information Act (“PIA”) case where the Eastland Court of Appeals held the Plaintiff had properly fallen under the jurisdiction of the PIA. AIM Media, a newspaper company, sued the City […]