Declaratory Judgments, Employment Law, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Waco Court of Appeals holds fact question exists on who could terminate a police officer

Gregory Maliere v City of Buffalo, Texas, et al, No. 10-22-00391-CV (Tex. App. — Waco, September 28, 2023)  This is essentially an employment dispute where the City terminated a police officer. The officer sued for ultra-vires actions asserting only the chief of
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Constitutional Challenge, Declaratory Judgments, Eminent Domain, Litigation, Separation of Powers, Sovereign Immunity

Texas Supreme Court holds one public entity is not immune from condemnation suit filed by another

HIDALGO COUNTY WATER IMPROVEMENT DISTRICT NO. 3 v. HIDALGO COUNTY IRRIGATION DISTRICT NO. 1; 21-0507 (Tex. May 19, 2023) In this immunity case, the Texas Supreme Court held that governmental/sovereign immunity does not prohibit one political subdivision from utilizing eminent-domain proceedings against
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Declaratory Judgments, Employment Law, Injunction, Litigation

13th Court of Appeals holds former municipal court judge failed to establish right to injunction to prevent his removal

Phil Bellamy v. The City of Brownsville, et al, 13-22-00087-CV (Tex. App. – Corpus Christi, January 26, 2023) This is an interlocutory appeal from the denial of a temporary injunction where the Thirteenth Court of Appeals affirmed the denial.  The case involved
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Agency, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity

Amarillo Court of Appeals holds AG had no jurisdiction to enforce specific gun sign against county

Waller County, Texas, et al. v. Ken Paxton, Texas Attorney General (Tex. App. — Amarillo, August 17, 2022) Ken Paxton, Attorney General of Texas, sued Waller County in 2016 asserting that the County was unlawfully attempting to prohibit licensed handgun owners carrying
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Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Land Use, Public Works, Sovereign Immunity, Takings

Texas Supreme Court holds city’s civil-enforcement of utility payment ordinance was not an unconstitutional taking

  City of Baytown v Alan Schrock, 20-0309 (Tex. May 13, 2022)  In this takings case, the Texas Supreme Court held the City of Bayton (City) did not commit a taking by withholding utility service in order to collect unpaid utility bills.
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Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Sovereign Immunity, Takings

Texas Supreme Court holds general-law cities cannot impose a revenue-based licensing fee for construction trash haulers

  Builder Recovery Services, LLC v. The Town of Westlake, Texas, 21-0173, (Tex, May 20, 2022)  In this case, the Texas Supreme Court held that general law cities have limited authority to impose license fees for solid waste collections.   The Town
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