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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

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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

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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

Replacement easements are not costs “properly attributable to the relocation” of utility easements says 14th Court of Appeals.

Texas Transportation Commission and Ted Houghton, in his official capacity as chair the. Texas Transportation Commission v. City of Jersey Village, 14-14-00823-CV (Tex. App. – Houston, [14th Dist], October 15, 2015) Texas Department of Transportation is widening U.S. Highway 290 … Continue reading

Texas Supreme Court creates new standard holding governmental regulations must be more than rationally related to governmental interest under Article I, § 19 of the Texas Constitution

ASHISH PATEL, et al  v. TEXAS DEPARTMENT OF LICENSING AND REGULATION, et al, 12-0657 (Tex. June 26, 2015) In this regulation case, the Texas Supreme Court held the Texas regulation for licensing of eyebrow threaders (the “Threaders”) is not rationally … Continue reading

Tax abatement agreement does not waive immunity under Chapter 271 of Local Government Code, but filing counterclaim did says Beaumont Court of Appeals

The City of Conroe, et al v. TPProperty LLC 09-13-00509-CV (Tex. App. – Beaumont, June 25, 2015). This is a breach of contract case involving a type of HOT agreement and tax abatement in which the Beaumont Court of Appeals … Continue reading