Declaratory Judgments, Injunction, Litigation, Ultra Vires

Sons of Confederate Veterans do not have standing to prevent University’s removal of confederate officer statues on campus

Gary David Bray and Texas Division, Sons of Confederate Veterans, Inc., And David Steven Littlefield v Gregory L. Fenves, In His Official Capacity as The President of the University of Texas at Austin, 06-15-00075-CV (Tex. App. – Texarkana, March 24, 2016). This
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Constitutional Challenge, Employment Law, Litigation, Procedure, Sec. 1983, Sovereign Immunity, Ultra Vires

Tex. Gov’t Code Chapter 614 complaint procedures do not create a constitutional property interest to employment says U.S. 5th Circuit.

Stem v. Gomez No. 15-50264 (5th Cir. February 8, 2016) This is an appeal from a dismissal for failure to state a claim where the United States 5th Circuit Court of Appeals reversed in part and affirmed in part a constitutional claim
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Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Nuisance, Official/Qualified Immunity, Sovereign Immunity, Takings, TOMA, Ultra Vires

Property owners cannot sue on City’s right to amend deed restrictions on lots it owns or create City park; increased traffic and noise cannot be basis for inverse condemnation claim

The City of Friendswood and Kevin Holland v. Paul and Carolyn Horn, et al., 01-15-00436-CV (Tex. App. – Houston [1st Dist.], February 11, 2016). This is essentially an inverse condemnation case where the First Court of Appeals reversed the denial of a
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Agency, Declaratory Judgments, Sovereign Immunity, Ultra Vires

A determination that is wrongly decided does not render that decision outside an official’s authority for ultra vires purposes says 13th Court of Appeals.

Cameron County Appraisal District and Frutoso Gomez v. Thora O. Rourk, Et Al. 13-15-00026-CV (Tex. App. – Corpus Christi, January 28, 2016). This is primarily a Uniform Declaratory Judgment Act (“UDJA”)/Ultra Vires case but with the underlying claim asserting a tax on
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, Ultra Vires

U.S. Supreme Court holds government contractor not entitled to derivative immunity; also full offer of settlement does not moot Plaintiff’s claims

Campbell-Ewald v. Gomez, 14-857 (January 20, 2016) The United States Supreme Court issued this opinion on derivative sovereign immunity for contractors. The United States Navy contracted with Campbell-Ewald Company (“Campbell”) to develop a multimedia recruiting campaign that included the sending of text
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Agency, Public Works, Ultra Vires

Replacement easements are not costs “properly attributable to the relocation” of utility easements says 14th Court of Appeals.

Texas Transportation Commission and Ted Houghton, in his official capacity as chair the. Texas Transportation Commission v. City of Jersey Village, 14-14-00823-CV (Tex. App. – Houston, [14th Dist], October 15, 2015) Texas Department of Transportation is widening U.S. Highway 290 to include
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Annexation, Constitutional Challenge, Contracts, Declaratory Judgments, Land Use, Litigation, Procedure, Sovereign Immunity, Ultra Vires, Zoning

City’s jurisdictional plea denied in case asserting City’s development agreement equates to contract zoning

City of Shavano Park v. Ard Mor, Inc., et al, 04-14-00781-CV (Tex. App. – San Antonio, July 29, 2015) This is an interlocutory appeal from the denial of a plea to the jurisdiction involving a challenge to an adjacent development agreement and
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Annexation, Declaratory Judgments, Sovereign Immunity, Ultra Vires

Interpretation of ordinance involving boundaries between two cities is not a “political question” but a matter of statutory construction says Texas Supreme Court

City of Ingleside v City of Corpus Christi, 14-0548 (Tex. July 24, 2015) This declaratory-judgment action involves a boundary dispute between the City of Ingleside and the City of Corpus Christi over the scope of an ordinance establishing the adjacent bay waters’
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Declaratory Judgments, Land Use, Litigation, Sovereign Immunity, Ultra Vires, Zoning

Association has standing to challenge validity of zoning change ordinance; Declaratory judgment actions do not intertwine jurisdiction with merits says Dallas Court of Appeals

  City Of Dallas and Larry Holmes, in his Official Capacity as Chief Building Official for the City of Dallas v. East Village Association, 05-14-01406-CV (Tex. App. –Dallas July 21, 2015. This is an interlocutory appeal from the denial of a plea
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