Home-rule city’s franchise contract and right-of-way ordinance trumps pro-forma provision in a tariff, so utility must bear costs of relocation

City of Richardson v Oncor Electric Delivery Company, LLC, 15-1008 (Tex. February 2, 2018) This case involves a dispute between a city and a utility over who must pay relocation costs to accommodate changes to public rights-of-way. The City of … Continue reading


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


Expedited public securities law cannot be used to challenge TCEQ permit says Third Court of Appeals

Guadalupe-Blanco River Authority v. Texas Attorney General, et al, 03-14-00393-CV (Tex. App. Austin, February 26, 2015) The Guadalupe-Blanco River Authority (“Authority”) filed a suit against numerous entities asserting the San Antonio Water System (“SAWS”) improperly filed an application with the … Continue reading

State statute authorizes self-waiver of immunity from suit in financial agreements says 14th Court of Appeals

National Public Finance Guarantee Corporation and MBIA Insurance Corporation v. Harris County-Houston Sports Authority and Harris County Sports and Convention Corporation, 01-13-00401-CV (Tex. App. – Houston [14th Dist.], April 15, 2014). This suit is one I’m not sure can be … Continue reading

County must deduct contributions to Association even though the payments went to a PAC says 4th Court of Appeals.

  Bexar County Texas v. Deputy Sheriff’s Association of Bexar County, 04-13-00316-CV (Tex. App. – San Antonio, January 22, 2014). This is an appeal from a declaratory action judgment where the trial court ordered the County to make certain payroll … Continue reading

Conduit form of contracts provides immunity for entities even though they are purchasing goods or services from a private company says Third Court of Appeals.

North Central Texas Council of Governments v. MRSW Management, LLC, No. 03-12-00692-CV (Tex. App. Austin June 20, 2013). This is a contractual immunity case in which the Austin Court of Appeals held that a local council of governments is immune … Continue reading