Constitutional Challenge, Eminent Domain, Litigation, Procedure, Structural Standards, Takings

Ordinance 30 day limitation to appeal BOA determination was not a statutory prerequisite, so trial court retained jurisdiction of takings claim

Nancy Wedgeworth v. City of Amarillo, et al. 07-15-00301-CV (Tex. App. – Amarillo, May 17, 2016) This is a structural standards case where the Amarillo Court of Appeals reversed the trial court’s granting of a plea to the jurisdiction. Wedgeworth owned a
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Constitutional Challenge, Employment Law, Retaliation, Sec. 1983

U.S. Supreme Court holds, in matter of first impression, police officer is protected by 1st Amendment even though he did not engage in protected activity

Heffernan v. City of Paterson 14-1280 (U.S. April 26, 2016) This is a First Amendment in employment §1983 cause of action which appears to be a case of first impression. The United States Supreme Court held that even though a police officer
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

Deputies cannot use no-evidence summary judgment to argue qualified immunity defense in state court says Houston Court of Appeals for 14th District.

Sergeant Mary Haver and Deputy Constable Kevin Vailes, in their individually capacities v. Barbara Coats, et al. 14-15-00185-CV (Tex. App. – Houston [14th Dist.], April 12, 2016) This is a qualified immunity/excessive force case where the court held the individual constable deputies
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA, Ultra Vires

City and City officials not liable for malicious prosecution in case brought by park vendor

City of Dallas, et al v. Robert Groden 05-15-00033-CV (Tex. App. – Dallas, April 6, 2016). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a malicious prosecution case. The Dallas Court of Appeals reversed the
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Constitutional Challenge, Eminent Domain, Takings

In this condemnation case the Texas Supreme Court held it was harmful error to exclude the property owner’s evidence on project diminishment

CAFFE RIBS, INCORPORATED v. STATE OF TEXAS 14-0193 (Tex. April 1, 2016) This is a condemnation case where the Texas Supreme Court held the property owners were entitled to admit evidence regarding the State’s interference with mitigating property to improve value. Caffe
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