Constitutional Challenge, Contracts, Declaratory Judgments, Injunction, Official/Qualified Immunity, Public Works, Sovereign Immunity, TOMA, TTCA, Ultra Vires

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 Valley,04-15-00729-CV (Tex.
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Constitutional Challenge, Litigation, Procedure, Public Works, Sovereign Immunity, Takings

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 the City
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Constitutional Challenge, Litigation, Procedure, Sovereign Immunity, TTCA

No waiver of immunity where County provided pain medication to pretrial detainee before hearing which allegedly caused detainee to misunderstand guilty plea

Loyd Landon Sorrow v. Harris County, Et Al, 14-15-00571-CV (Tex. App— Houston [14th Dist.], August 23,2016) Sorrow was a pretrial detainee housed in the Harris County Jail. Sorrow asserts that during pre-trial detention he received medical treatment that included anti-psychotics and narcotics.
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Constitutional Challenge, Declaratory Judgments, Public Works, Sovereign Immunity, Takings

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 denial of
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Constitutional Challenge, Sovereign Immunity, TTCA

Plaintiff could not establish City was substantially certain any actions were likely to cause flooding

City of Magnolia, City of Magnolia 4A Economic Development Corporation and City of Magnolia 4B Community Development Corporation v. David Smedley, 09-15-00334-CV  (Tex. App—Beaumont. July 28,2016) This is a flooding case where the Beaumont Court of Appeals dismissed the Plaintiff’s claims against
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Litigation, Sovereign Immunity, TTCA

Fort Worth Court of Appeals holds each defendant, including independent contractors, separately liable for TTCA statutory caps even for single injury

Michelle Rodriguez v Fort Worth Transportation Authority, et al. 02-14-00340-CV (Tex. App.- Fort Worth, June 24th 2016) This is a Texas Tort Claims Act (“TTCA”) case where a plaintiff in a wrongful death case sued multiple entities trying to exceed the TTCA’s
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