Annexation, Declaratory Judgments, Litigation, Procedure, Sovereign Immunity

Waco Court of Appeals holds property owner was precluded from bringing further claims for disannexation

Karen Hall v. City of Bryan, 10-16-00044-CV (Tex. App. –- Waco, January 3, 2018) This is a disannexation lawsuit where the Waco Court of Appeals affirmed the trial court’s summary judgment motion dismissing the Plaintiff’s claims for disannexation. This is the third
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Declaratory Judgments, Litigation

Tyler Court of Appeals holds even though it was established more than 100 years ago and no street has been built, mere non-use of a dedicated road easement does not amount to abandonment.

The Jesus Christ Open Altar Church, et al. v. City of Hawkins, 12-17-00090-CV (Tex. App. – Tyler, December 21, 2017). This is a property dispute case in which the 12th Court of Appeals affirmed the trial court’s declaratory judgment regarding the City’s
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Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Procedure, Sovereign Immunity, Ultra Vires

Dallas Court of Appeals disagrees with El Paso Court of Appeals and holds civil service commission dismissal of grievance is still subject to appeal to district court

Rodney D. Bailey v. Dallas County, et al.,  05-16-00789-CV (Tex. App. – Dallas, December 21, 2017) This is a county civil service case where the Dallas Court of Appeals affirmed-in-part and reversed-in-part the County Defendants’ plea to the jurisdiction filed in a
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Constitutional Challenge, Declaratory Judgments, Litigation, Mandamus, Procedure, Sec. 1983, Separation of Powers, Sovereign Immunity, Tax, Ultra Vires

El Paso Court of Appeals holds non-appearance jurors failed to show waiver of immunity in contempt/fee challenge case but should be allowed to amend.

Joshua Luttrell, et al v. El Paso County, et al., 08-16-00090-CV (Tex. App. – El Paso, December 20, 2017). There is no way to categorize this case in a single sentence. In the thirty-nine page opinion, the El Paso Court of Appeals
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Contracts, Litigation, Procedure, Sovereign Immunity

DFW may have waived immunity regarding contract for credit-card fee analysis due to presence of “good faith” revision clause

Dallas/Fort Worth International Airport Board v. Vizant Technologies, LLC Formerly known as P.E. Systems, LLC (Tex. App— Dallas, December 15, 2017) This is a contractual immunity case where the Dallas Court of Appeals affirmed-in-part and denied-in-part the Airport Board’s plea to the
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Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

Austin Court of Appeals holds ex-professor properly alleged disability and age discrimination claim even where there is no legal obligation to renew a term contract

  Texas State University v. Dr. Kathleen Quinn 03-16-00548-CV (Tex.App—— Austin, Texas November 29,2017) This is an interlocutory appeal from the denial of a plea to the jurisdiction in an employment-discrimination dispute where the Austin Court of Appeals affirmed the denial. Quinn
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Constitutional Challenge, Litigation, Sec. 1983

U.S. 5th Circuit holds disabled individual did not request accommodation from officers performing field sobriety test so cannot sue for disability discrimination

Windham v. Harris County 16-20686 (5th Cir. November 13, 2017) This is a §1983 suit where the U.S. 5th Circuit Court of Appeals affirmed the granting of the County and Deputy Sheriff’s summary judgment motion. Windham was arrested on suspicion of driving
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