Agency, Contracts, Litigation, Sovereign Immunity

Texas Supreme Court holds “good faith” efforts clause to seek future Board approval in contract is unenforceable. Also, damages would be consequential so Board retains immunity

Dallas/Fort Worth International Airport Board v Vizant Technologies, 18-0059, (Tex. May 17, 2019). This is a governmental immunity defense in a breach of contract case where the Texas Supreme Court held Chapter 271 of the Texas Local Government Code did not waive
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Agency, Contracts, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Texas Supreme Court holds navigation district retains immunity from suit by State, but ultra vires claims against commissioners can proceed to trial

Chambers-Liberty Counties Navigation District, et al. vs. State of Texas, 17-0365 (Tex. May 10, 2019) This is an interlocutory appeal in a sovereign immunity/regulatory control case where the Texas Supreme Court held the Chambers-Liberty Counties Navigation District (“District”) retained immunity from suit
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Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Takings

Texas Supreme Court holds plaintiff in red-light challenge lawsuit was required to exhaust administrative remedies before filing for injunctive relief

Garcia v City of Willis, et al., 17-0713 (Tex. May 3, 2019) In this constitutional challenge to red-light camera case, the Texas Supreme Court held the plaintiff was required to exhaust administrative remedies before bringing his constitutional-takings claim. Luis Garcia sued the
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Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Procedure, TOMA

13th Court of Appeals holds building and standards commission order was final, so could not be collaterally attacked under TOMA

Harker Heights Condominiums, LLC v. City of Harker Heights, Texas, 13-17-00234-CV (Tex. App. – Corpus Christi, March 28, 2019). In this case the 13th Court of Appeals affirmed the granting of the City of Harker Heights’ plea to the jurisdiction dismissing a
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Agency, Contracts, Declaratory Judgments, Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds Type B economic development corporations are not entitled to immunity for breach of contract claims

  Rosenberg Development Corp. v. Imperial Performing Arts, Inc., No. 17-0660 (Tex. – March 9, 2019). The Texas Supreme Court holds Type -B EDCs are not entitled to governmental immunity in breach of contract cases. Rosenberg Development Corporation (RDC) is a Type
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Agency, Constitutional Challenge, Declaratory Judgments, Employment Law, Finance, Injunction

Texas Supreme Court holds pension board’s amendment to deferred retirement option account was not unconstitutional

Eddington v Dallas Police and Fire Penson Systems, et al.,   17-0058, (Tex. March 8, 2019) This is a statutory construction case where the Texas Supreme Court held the City of Dallas’s amendment to its pension plan did not violate the Texas Constitution.
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