Agency, Contracts, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Texas Supreme Court holds navigation district retains immunity from suit by State, but ultra vires claims against commissioners can proceed to trial

Chambers-Liberty Counties Navigation District, et al. vs. State of Texas, 17-0365 (Tex. May 10, 2019) This is an interlocutory appeal in a sovereign immunity/regulatory control case where the Texas Supreme Court held the Chambers-Liberty Counties Navigation District (“District”) retained immunity from suit
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Board of Adjustment, Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

Board of Adjustment’s plea on declaratory judgment claim granted as UDJA is a redundant remedy says Austin Court of Appeals

  City of Wimberley Board of Adjustment v. Creekhaven, LLC; and William D. Appleman, 03-18-00169-CV (Tex. App. – Austin, October 18, 2018) This is a board of adjustment appeal case where the Austin Court of Appeals reversed the denial of the City’s
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Declaratory Judgments, Injunction, Litigation, Procedure, Ultra Vires

trial court properly awarded attorney’s fees to school district as plaintiffs should have reasonably known the individual officials were absolutely immune

Farr et. al. v Arlington ISD, 02-17-00196-CV (Tex. App. – Fort Worth, July 19, 2018) In this asserted ultra vires case, the Fort Worth Court of Appeals affirmed the granting of the school district defendants’ plea to the jurisdiction. The Plaintiffs comprise
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Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Eminent Domain, Injunction, Land Use, Sovereign Immunity, Takings, Ultra Vires, Vested Rigths, Zoning

Zoning amendment was not retroactive and property owner had no vested interest in perpetual use of his property for a specific purpose says Dallas Court of Appeals

  Hinga Mbogo, et al. v. City of Dallas, et al. 05-17-00879-CV (Tex. App. – Dallas, June 19, 2018) This is an appeal from an order granting the City Defendants’ plea to the jurisdiction in a constitutional challenge to zoning laws. The
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Civil Service/Collective Bargaining, Contracts, Declaratory Judgments, Employment Law, Procedure, Ultra Vires

Trial court had jurisdiction to determine if certain jobs should be classified as civil service, but not to award backpay

City of Amarillo, Texas, et al. v. Nathan Sloan Nurek and Michael Brandon Stennett, 07-17-00120-CV (Tex. App. Amarillo — March 21, 2018) This is a civil service lawsuit where the Amarillo Court of Appeals reversed-in-part the denial of the City’s plea to
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Declaratory Judgments, Injunction, Mandamus, PIA, Ultra Vires

City did not act in bad faith under PIA in cost estimate calculation; City established it produced all records discovered

Mark Rines v. City of Carrollton 05-15-01321-CV (Tex. App—Dallas, February 13, 2018) This is a Texas Public Information Act (“PIA”) case where the Dallas Court of Appeals affirmed the trial courts order dismissing the Requestor’s lawsuit. [Comment: this case is a rare
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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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