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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 … Continue reading

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In annexation opposition, Dallas Court of Appeals opinion could result in trial courts using TOMA injunction provision to prevent legislative acts not yet up for vote

In Re: City of Mesquite, Texas 05-17-01303-CV (Tex.App— Dallas, November 14, 2017) In this original mandamus proceeding, the Dallas  Court of Appeals held the trial court did not abuse its discretion in granting certain injunctive relief prohibiting annexation in an … Continue reading

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Permanent injunction prohibiting city from holding election on red light cameras dissolved

The City of Cleveland et al., v. Keep Cleveland Safe, 09-15-00076-CV (Tex. App—Beaumont, July28, 2016) Plaintiff, Keep Cleveland Safe (“KCS”) filed a petition attempting to stop the City from placing an issue on the ballot for the May 2014 election … Continue reading

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City’s billboard registration fee determined to be unconstitutional tax

Reagan National Advertising of Austin, Inc. d/b/a Reagan National Advertising v. City of Austin, Texas; and Marc A. Ott, being sued in his Official Capacity 03-15-00370-CV (Tex. App.- Austin, June 15, 2016) This is a case to determine whether a … Continue reading

District judge not an “appropriate law enforcement authority” under Whistleblower Act says Austin Court of Appeals

Hunt County Community Supervision and Corrections Department v. Christina Gaston, 03-13-00189-CV (Tex. App. – Austin, August 6, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Whistleblower Act lawsuit. A majority … Continue reading

Library’s suit is really one attempting to control discretionary governmental functions for which no waiver of sovereign immunity exists says 13th Court of Appeals

Texas Music Library and Research Center v. Texas Department of Transportation and Phil Wilson, Executive Director, Cause No. 13-13-00600-CV (Tex. App.- Corpus Christi, July 31, 2014) This is mainly an agency dispute over the providing of grants. However, the important … Continue reading

13th Court of Appeals holds determination of City boundaries is a political question that courts have no jurisdiction to hear

CITY OF CORPUS CHRISTI, TEXAS v. CITY OF INGLESIDE, 13-13-00088-CV (Tex. App. – Corpus Christi, May 29, 2014). This is a dispute between two cities and their municipal boundaries where the definition of “shoreline” in their ordinances became critical. The … Continue reading