Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Procedure, Sec. 1983

The U.S. Fifth Court of Appeals held plaintiffs had standing to challenge zombie law provision in charter despite the election being over.   

Special contributing author Laura Mueller, City Attorney for Dripping Springs Joe Richard Pool, III, et al. v. City of Houston, et al., No. 19-20828 (5th Cir.  October 23, 2020). In this appeal from a trial court’s dismissal of an election case.   The
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Sec. 1983

U.S. 5th Circuit holds Plaintiff students established standing to assert University’s student speech policies on harassments and rudeness are unconstitutional

Speech First, Inc. v. Fenves, 19-50529 (5th Cir. Oct. 28, 2020) This is a First and Fourteenth Amendment free speech case in a university setting. The U.S. 5th Circuit Court of Appeals reversed the dismissal of the plaintiffs’ claims and reinstated the
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity

San Antonio Court of Appeals holds forfeited councilmember can only seek reinstatement through quo warranto proceeding

  City of Leon Valley v. Benny Martinez, 04-19-00879-CV (Tex. App. – San Antonio, August 19, 2020, no pet. h.) This is a council forfeiture case which the San Antonio Court of Appeals held could only be brought in a quo warranto
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Annexation, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity

Amarillo Court of Appeals holds findings of fact and conclusions of law improper for plea to the jurisdiction and remanded annexation case for trial

Hill, et al. v City of Fair Oaks Ranch, 07-19-00037-CV (Tex. App. – Amarillo, Sep. 16, 2020)(mem. Op). This is an annexation dispute where the Amarillo Court of Appeals reversed the grant of the City’s plea to the jurisdiction and remanded for
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Annexation, Declaratory Judgments, Injunction

Dallas Court of Appeals holds property owners failed to establish jurisdiction in annexation case where City was prevented from holding first reading of annexation ordinance

City of Terrell, Texas, et al. v. Frederick George Edmonds, et al., 05-19-01248-CV  and 05-19-01382-CV  (Tex. App. – Dallas, September 8, 2020) These are consolidated appeals from the case where several property owners sought to prevent annexation of a 1,000-foot wide strip
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Constitutional Challenge, Declaratory Judgments, Injunction, Sec. 1983, Sovereign Immunity

Fort Worth Court of Appeals holds trial court lacked jurisdiction involving school district’s disciplinary decision

This is an interlocutory appeal from the denial of a plea to the jurisdiction filed by Northwest Independent School District. Plaintiffs sued Northwest ISD on behalf of their minor child, C.R., seeking a temporary restraining order and injunctive relief based on the
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Contracts, Declaratory Judgments, Injunction, Sovereign Immunity, Ultra Vires

San Antonio Court of Appeals holds governmental immunity bars both suit and liability where the ‘only plausible remedy’ is invalidation of a government contract.

City of San Antonio v. Patrick Von Dohlen, et al., 04-20-00071-CV (Tex. App.—San Antonio Aug. 19, 2020)  This is an interlocutory appeal from the denial of a plea to the jurisdiction and Rule 91a motion to dismiss filed by the City of
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure

Corpus Christi Court of Appeals held that a plaintiff does not have standing to bring suit, or merit a temporary injunction, where the plaintiff has not alleged an injury distinct from the public at large.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Concerned Citizens of Palm Valley, Inc. v. City of Palm Valley, 13-20-00006-CV (Tex. App.—Corpus Christi, August 13, 2020) (mem.op.). In this taxpayer suit, the plaintiffs allege that the City is spending money
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Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings

Beaumont Court of Appeals holds pro se Plaintiff did not establish entitlement to injunctive relief to prevent demolition of building

Rema Charles Wolf v. City of Port Arthur, 09-19-00047-CV, (Tex. App – Beaumont, Aug. 6, 2020) This is an interlocutory appeal from the denial of a temporary injunction request by a pro se property owner. Pro se Plaintiff Wolf sued the City
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