Agency, Declaratory Judgments, Health and Safety, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Fourth Court of Appeals upholds injunction preventing Governor from prohibiting ordinances regulating face masks – Governor’s authority does not extent to local health and safety regulations with separate grants of authority

Greg Abbott, in his Official Capacity as Governor of Texas, and State of Texas v. City of San Antonio and County of Bexar, 04-21-00342-CV (Tex. App. – San Antonino, November 10, 2021). This is a COVID-19 declaratory judgment (ultra vires) action brought
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Contracts, Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity, Takings, Ultra Vires, Vested Rigths

First Court of Appeals holds 380 development agreement was an agreement for goods and services (waiving immunity) but dismissed all other claims brought against the City by the developer

Town Park Center, LLC v. City of Sealy, Texas, Janice Whitehead, Mayor, Lloyd Merrell, City Manager and Warren Escovy, Assistant City Manager, 01-19-00768-CV, (Tex. App – Hou [1st], Oct. 28, 2021) In this contract dispute, the First Court of Appeals in Houston
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Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Takings

The plaintiff failed to show that damages were insufficient in a condemnation case where there was sufficient evidence supporting the judgment of the trial court.  

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Castellanos v. Harris County, Texas and City of Baytown, Texas., No. 01-20-00414-CV (Tex. App.—Houston [1st Dist.] Oct 7, 2021) (mem. op.). In this appeal from a trial court’s judgment in a
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Constitutional Challenge, Declaratory Judgments, Voting Rights

A charter election proposition that receives more votes than a second charter proposition on the same ballot can invalidate a second charter proposition if proper notice is given. 

Special contributing author Laura Mueller, City Attorney for Dripping Springs Hotze v. Sylvestor Turner, Mayor  and City of Houston, Texas., No. 14-19-00959-CV (Tex. App.—Houston [14th Dist.] Oct 12, 2021). In this appeal from a trial court’s summary judgment in favor of the
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Constitutional Challenge, Declaratory Judgments, Litigation

U.S. Fifth Circuit holds standing for First Amendment violation can be shown through chilled speech without the need for actual arrest or citation.

    Special contributing author Laura Mueller, City Attorney for Dripping Springs Anthony Barilla v. City of Houston, Tex., No. 20-20535 (5th Cir. Sept. 10, 2021). In this appeal for dismissal for lack of standing by the district court, the U.S. Fifth
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sign Regulation, Sovereign Immunity, Structural Standards

Tyler Court of Appeals holds a motion for new trial did not extend the time to perfect an accelerated appeal

SignAd, Ltd. V. The City of Hudson, 12-21-00056-CV, (Tex. App – Tyler, Sept. 15, 2021) This case is mainly procedural, and the Tyler Court of Appeals held SignAd failed to timely file its notice of appeal, either as an interlocutory appeal or
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Constitutional Challenge, Declaratory Judgments, Finance, Injunction, Litigation, Procedure, Sovereign Immunity, Tax, TOMA

13th Court of Appeals holds City sufficiently complied with TOMA and Tax Code in 2019 when it adopted its annual tax rate

Leftwich v City of Harlingen, 13-20-00110-CV (Tex. App. – Corpus Christi, Sep. 9, 2021). This is a declaratory judgment suit to declare the city violated procedural requirements when it adopted its tax rate in 2019. The Thirteenth Court of Appeals held no
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Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings, Ultra Vires

Fourth Court of Appeals holds plaintiff suing for BOA decision must be given opportunity to replead to show timing of when the BOA decision was filed in board’s offices

Alpha Securities, LLC, v City of Fredericksburg, 04-20-00447-CV (Tex. App. – San Antonio, Aug. 10, 2021, no pet h.). This is a board of adjustment appeal and declaratory judgment action where the San Antonio Court of Appeals agreed no jurisdiction existed, but
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Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Sovereign Immunity

Property owners around lake drained by GBRA had no standing to sue as they possessed no particularized injury

Jimmy and Cheryl Williams, et al. v. Guadalupe-Blanco River Authority and its Officers and Directors, 04-20-00445-CV, (Tex. App. – San Antonio, July 7, 2021) This is a takings case where the San Antonio Court of Appeals partially reversed and affirmed the trial
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Constitutional Challenge, Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

Trespass to try title claims failed to waive immunity, but court remanded to allow further pleading attempts

City of San Antonio v. Albert Davila, Individually; Madeline Davila, Individually; and Albert Davila as Trustee of the Albert Pena Davila and Madeline Davila Living Trust, 04-20-00478-CV, (Tex. App – San Antonio, August 4, 2021) This is a trespass to try title
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