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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

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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

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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