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Texarkana Court of Appeals holds the vote and decision not to vote on District business cannot be an ultra vires claim

Kilgore Independent School District, et al. v. Darlene Axberg, John Claude Axberg, Sheila Anderson, and the State of Texas 06-17-00060-CV (Tex.App— Texarkana, October 12, 2017) This is an appeal from the denial of a plea to the jurisdiction where property … Continue reading

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District immune from suit challenging the validity of district actions, but Plaintiff entitled to replead as ultra vires claim

 Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1 (Cross-Appellee) v. Bandera County River Authority and Groundwater District (Cross-Appellant) 04-16-00536-CV (Tex.App— San Antonio, September 13, 2017) This is a declaratory judgment case between two local governmental entities. The San Antonio … Continue reading

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Town immune from claims to invalidate vote where no ordinance was actually adopted says Fort Worth Court of Appeals

Peter Schmitz, et al  v. Town of Ponder, Texas, et al. 02-16-00114-CV, (Tex. App. – Fort Worth, August 31, 2017). This is an appeal from a final judgment against the Plaintiffs who attempted to force the Town to enforce its … Continue reading

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Interlocutory appeal mooted by Plaintiff’s non-suit, even though Plaintiff refiled similar suit directly after dismissal

City of Sealy, et al.  v. Town Park Center, 01-17-00127-CV (Tex. App. – Houston [1st Dist.], August 24, 2017). This is an opinion where the court held the appeal is moot, but where the City asserted mootness was not applicable … Continue reading

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Inmate’s ultra vires suit against DA, courts, and county dismissed due to claim for retrospective relief

Smith v. District Attorney’s Office for Smith County, et al.  03-16-00828-CV (Tex. App. – Austin, August 23, 2017) This is an inmate declaratory judgment case relating to the inmate’s conviction in which the Austin Court of Appeals affirmed the dismissal … Continue reading

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4th Court of Appeals holds City’s “evergreen clause” in collective bargaining agreement does not create unconstitutional debt

  City of San Antonio v. San Antonio Firefighters’ Association, Local 624, 04-15-00819-CV (Tex. App. – San Antonio, August 23, 2017). This is a permissive appeal, which was allowed by the court, where the City requested the Court of Appeals … Continue reading

San Antonio Court of Appeals holds river authority can be compelled to attend contract arbitration

San Antonio River Authority v. Austin Bridge & Road, L.P. and Hayward Baker Inc. 04-16-00535-CV ( Tex.App— San Antonio, August 9, 2017) This is an interesting case where the issue of sovereign immunity impacts whether an entity is a “party’ … Continue reading

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Dallas Court of Appeals dismisses referendum/mandamus claims against council but allows mandamus claims to go forward to trial against City Secretary

City of Plano, Texas, et al. v. Elizabeth Carruth, et al.  05-16-00573-CV (Tex. App— Dallas, February 23, 2017) This is a referendum case where the Dallas Court of Appeals dismissed all but one of the Plaintiffs’ claims under a plea … Continue reading