14th Court of Appeals holds employee does not have to file TWC charge of retaliation if the employee asserts retaliation for filing discrimination charge

Metropolitan Transit Authority of Harris County, Texas v. Viola M. Douglas 14-17-00176-CV (Tex. App— Houston [14th Dist.] February 27, 2018) This is an employment discrimination and retaliation case where the 14th District Court of Appeals affirmed the denial of the … Continue reading


Home-rule city’s franchise contract and right-of-way ordinance trumps pro-forma provision in a tariff, so utility must bear costs of relocation

City of Richardson v Oncor Electric Delivery Company, LLC, 15-1008 (Tex. February 2, 2018) This case involves a dispute between a city and a utility over who must pay relocation costs to accommodate changes to public rights-of-way. The City of … Continue reading


Plaintiff failed to timely appeal administrative order so court has no jurisdiction to hear his constitutional claims

Jose A. Perez v. Physician Assistant Board and Margaret K Bentley, In her Individual and Official Capacities 03-16-00732-CV (Tex.App—- Austin, Texas October 31, 2017) This is an appeal from the granting of a plea to the jurisdiction where the Austin Court … Continue reading


Court of Appeals holds it does not have interlocutory jurisdiction over reinstatement order, even though immunity is involved

West Travis County Public Utility Agency, on behalf of itself and its Directors, Larry Fox, Michael Murphy, Ray Whisenant, Bill Goodwin, and Scott Roberts, in their Official Capacities v. CCNG Development Co., L.P., No.03-16-00521-CV (Tex. App— Austin, January 4, 2017) … Continue reading


If you have a case involving Chapter 245 vested rights, zoning changes, and distance restrictions on alcohol sales read this 71 page opinion

FLCT, Ltd. and Field Street Development I, Ltd. v. City of Frisco, Texas, 02-14-00335-CV (Tex. App.- Fort Worth, May 26th 2016) Owners are two partnerships that own adjacent property in Frisco. FLCT’s tract is located on the actual corner; Field’s … Continue reading

A determination that is wrongly decided does not render that decision outside an official’s authority for ultra vires purposes says 13th Court of Appeals.

Cameron County Appraisal District and Frutoso Gomez v. Thora O. Rourk, Et Al. 13-15-00026-CV (Tex. App. – Corpus Christi, January 28, 2016). This is primarily a Uniform Declaratory Judgment Act (“UDJA”)/Ultra Vires case but with the underlying claim asserting a … Continue reading

Teacher lacked “public standing” to challenge Open Meetings Act violation since he had individualized injury says Dallas Court of Appeals

Dallas Independent School District and Michael L. Williams, Commissioner of Education v. Adrian Peters, 05-14-00759-CV (Tex. App. – Dallas, December 14, 2015). This is essentially a Texas Open Meetings Act (“TOMA”) case even though it has administrative law undercurrents. The … Continue reading