Agency, Contracts, Declaratory Judgments, Land Use, Sovereign Immunity

Tax abatement agreement does not waive immunity under Chapter 271 of Local Government Code, but filing counterclaim did says Beaumont Court of Appeals

The City of Conroe, et al v. TPProperty LLC 09-13-00509-CV (Tex. App. – Beaumont, June 25, 2015). This is a breach of contract case involving a type of HOT agreement and tax abatement in which the Beaumont Court of Appeals modified the
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Constitutional Challenge, Contracts, Declaratory Judgments, Land Use, Sovereign Immunity, Vested Rigths

Payday loan company has no jurisdiction to challenge City ordinance regulating payday loans says Fort Worth Court of Appeals

ACE Cash Express, Inc. v. The City of Denton, Texas 02-14-00146-CV (Tex. App. – Fort Worth, June 4, 2015). This is a case involving a company’s attempt to invalidate a city ordinance regulating credit access businesses in which the Fort Worth Court
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Declaratory Judgments, Land Use, Litigation, Sovereign Immunity, TTCA, Ultra Vires, Vested Rigths

Suit against City employee, individually, dismissed, but ultra-vires claims remain even under Sec. 101.106 of Civil Practice and Remedies Code

Charles N. Draper v. Greg Guernsey, in his Capacity as Director of Planning and Development Watershed Protection Review Department; and City of Austin, 03-14-00265-CV (Tex. App. – Austin, February 25, 2015). This is a land-use dispute but the opinion focuses on the
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Agency, Land Use, Uncategorized, Zoning

U.S. Supreme Court holds Telecommunications Act does not require reasons for denial of permit in any particular form, but does require they be issued at same time as notice letter

T-Mobile South, LLC v. City of Roswell, 13-975 (January 14, 2015). This is a Telecommunication Act case where the City of Roswell, Georgia denied an application to build a cell tower on residential property but failed to specify the grounds in its
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Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Procedure, Sign Regulation, Takings

Changing tri-display billboard to LED billboard is a reconstruction and not merely a change in “electrical wiring or devices” so required a permit

Garrett Operators, Inc. v. City of Houston, 01-13-00767-CV (Tex. App. – Houston [1st Dist.], January 22, 2015) Garrett Operators, Inc. (“Garrett”) filed a declaratory judgment action against the City of Houston (“the City”) regarding the application and interpretation of the City’s Sign
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