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4th Court of Appeals holds developer properly pled breach of contract claim for wastewater development agreement

NBL 300 Group Ltd v. Guadalupe-Blanco River Authority 04-17-00264-CV (Tex.App— San Antonio, August 16, 2017) This is an immunity/breach of contract case where the San Antonio Court of Appeals reversed the granting of Guadalupe-Blanco River Authority’s (“GBRA”) plea to the … Continue reading

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Court held City immune from Plaintiff’s negligent implementation/premise defect claims due to discretion in ordinances

Lois Morgan v. City of Terrell, Texas 05-16-00554-CV (Tex. App— Dallas, August 15, 2017) This is a premise liability/negligent policy implementation case where the Dallas Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Morgan sued … Continue reading

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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