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City waived immunity in breach of contract case for solid waste disposal services

City of Rio Grande City, Texas, and Joel Villarreal, Herman R. Garza III, Arcadio J. Salinas III, Rey Ramirez, and Dave Jones in their Official Capacities v. BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Rio Grande … Continue reading

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Homeowners properly pled a taking by flooding due to channel reconstruction and temporary embankments says El Paso Court of Appeals

  CITY OF SOCORRO, Texas v.  SAMUEL CAMPOS, et al, 08-14-00295-CV (Tex.App— El Paso, September 14,2016) This is a takings/flooding case where the El Paso Court of Appeals held the Plaintiffs properly pled a takings case. The residents contend that … Continue reading

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City immune from suit for reverter given language of deed says 4th Court of Appeals

The City of Laredo v. Northtown Development, Inc. and Gateway Centennial Development, Co., 04-15-00736-CV (Tex. App—San Antonio, August 10,2016) This is a takings case based on an alleged reverter in public property where the Fourth Court of Appeals reversed the … Continue reading

County properly initiated clarification of interest in public road; statute of repose can be raised in plea to the jurisdiction

John Herbert Matthews v. Colorado County, 01-16-00092-CV (Tex. App—Houston [1st Dist.] July 26,2016) This is a road abandonment case where the First District Court of Appeals affirmed the granting of the County’s plea to the jurisdiction. In 1951, the Colorado … Continue reading

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County’s immunity waived for both delay and disruption damages in breach of contract suit says 5th Court of Appeals

County of Galveston, Texas v. Triple B Services, LLP 01-15-00565-CV (Tex. App.- Houston[1st Dist.], May 26th 2016) This is a contractual immunity case involving a road construction project where the First District Court of Appeals affirmed-in-part and reversed-in-part the denial … Continue reading

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Trial court properly declined to appoint condemnation commission before hearing plea to the jurisdiction says Texas Supreme Court

In Re Lazy W District No. 1. , 15-0117 (Tex. May 27, 2016) This original mandamus proceeding involves two governmental entities, one of which petitioned for condemnation of a water pipeline easement across the other’s land. The Tarrant Regional Water … Continue reading

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Restaurant’s inverse condemnation claim for temporary and permanent decreased access permitted to go forward

Jose Gerardo Padilla, et al v. Metropolitan Transit Authority of Harris County 14-14-00938-CV (Tex. App.- Houston, May 24th 2016) This is an inverse condemnation case where the 14th Court of Appeals reversed the dismissal and remanded for trial. Padilla’s restaurant … Continue reading