Case law

City of Corinth v. NUROCK DEVELOPMENT, INC.

293 S.W.3d 360 · Court of Appeals of Texas · Jul 30, 2009

ordinances enacted by legislative bodies are designed to address broad questions of public policy and to promulgate laws that those subject to the government’s power must follow in future conduct. 42 The Settlement Agreement clearly … It establishes no rule or law that all members of the public must adhere to in future conduct. 43 Thus, the Settlement Agreement involves the construction of a contract, not the interpretation of a statute.

Nettles v. Somervell

6 Tex. Civ. App. 627 · Court of Appeals of Texas · Mar 14, 1894

The jury may not so construe them, but the acts specified would be admissible as tending to •establish the issue of truth. … This should be qualified to the extent, that if the charges made were true plaintiff could not recover. Or if the libel did not apply to plaintiff, he could not recover.

Kenneally v. Thurn

653 S.W.2d 69 · Court of Appeals of Texas · Apr 29, 1983

The decision did not change established law. … But the fact that the sign was obstructed by the bushes was clearly an acceptable excuse since it established that Thurn neither knew nor should have known of the occasion for compliance with the statute requiring him to

Texas Optometry Board v. Lee Vision Center, Inc.

515 S.W.2d 380 · Court of Appeals of Texas · Oct 18, 1974

Constitution, Fourteenth Amendment; Equal Rights Clause of the Texas Constitution, Article 1, Section 3; and, the Privileges and Immunities Clause of the U.S. … Lee Optical, supra, the optician is an artisan qualified to grind lenses, fill prescriptions, and fit frames.

City of Pearsall v. Tobias

533 S.W.3d 516 · Court of Appeals of Texas · Aug 16, 2017

The parties clearly contemplated and memorialized the severance agreement, as evidenced by the plain language of Section 3, and the agreement is limited by time and amount. Cf. Tex. & N.O.R.R. Co. v. … We thus turn to whether the City of Pearsall did not properly execute the agreement because allowing Tobias six-months to establish residency circumvents the City Charter and, therefore, the City Council committed an ultra

City of Cockrell Hill v. Johnson

48 S.W.3d 887 · Court of Appeals of Texas · Jun 7, 2001

This is not an official immunity appeal, however. … By Smith: • Bob was not competent or qualified to serve as chief of police for the City. • Bob was fired because he was incompetent. By Landin: • Bob was not competent to run the police department.

State Ex Rel. Wayland v. Vincent

217 S.W. 402 · Court of Appeals of Texas · Dec 3, 1919

The rule so established bears down and supplants all other laws and rules that are inconsistent with it. … Lightfoot, supra: “The rule so established bears down and supplants all other laws and rules that are in-' consistent with it.”

Miller v. El Paso County

146 S.W.2d 1027 · Court of Appeals of Texas · Dec 19, 1940

“All members of such Board of County Development shall be qualified tax paying voters of the county in which they are appointed to serve.” … Clearly all this would conflict with the constitutional provision as expounded in State v. Washburn, supra.

Gerard v. Smith

52 S.W.2d 347 · Court of Appeals of Texas · Jun 23, 1932

The act is further assailed as being contrary to the constitutional provisions, in that its enforcement will deprive appellees of property, privileges, liberties, and immunities without due process of law; that it delegates … The. rule seems to be well established that Legislatures may make such requirements as will qualify persons treating human ailments thoroughly to understand their profession; may prescribe reasonable qualifications not only

Grounds v. Tolar Independent School District

827 S.W.2d 10 · Court of Appeals of Texas · Jan 8, 1992

immunity while exercising governmental functions. … Written policies must be established, setting out reasons for which contracts will not be renewed. Id. § 21.203(b). However, as the Fifth U.S.

City of Baytown v. Townsend Ex Rel. Alfred

548 S.W.2d 935 · Court of Appeals of Texas · Mar 9, 1977

Greenhill and Murto, Governmental Immunity, 49 Texas L.Rev. 462 , 468 (1971). … However, the present controversy is clearly distinguishable from the Torres case. The injury in Torres was allegedly caused by the negligence of personnel at the Texas School for the Blind.

City of Farmers Branch v. American Honda Motor Co.

527 S.W.2d 776 · Court of Appeals of Texas · Jul 31, 1975

Appellants argue that Youngstown established that a non-discriminatory property tax does not violate the Import-Export clause, and that the language of the Import-Export clause indicates that a general property tax was not … The mere use of new technology in shipping should not destroy the tax immunity of the property shipped. Michigan State Tax Commission v.

McClendon v. Fire Association of Philadelphia

278 S.W.2d 447 · Court of Appeals of Texas · Oct 4, 1954

Of like validity is his further objection that he was immune from subpoena while attending court. … The issue on appeal is governed by the well established rule as stated in 32 C.J.S., Evidence, § 847, p. 781: “Notice at trial.

Richardson v. Thompson

390 S.W.2d 830 · Court of Appeals of Texas · Apr 16, 1965

That statute provides that every person who under color of any statute, etc. of any state subjects any citizen to the deprivation of any rights, privileges or immunities secured by the Constitution and laws shall be liable … The duties of the Commission are to establish a vocational rehabilitation program for the blind; to cooperate with, enter into agreements with, and to adopt methods of administration of the Federal Government in carrying

Texas Department of Corrections v. Sisters of St. Francis of St. Jude Hospital of Brenham

836 S.W.2d 719 · Court of Appeals of Texas · Jul 16, 1992

Barlow, in fact, did not qualify for funding for his maintenance in the nursing home. January 27, 1984 Mr. … In responding to the Hospital’s motion, and in their own motion for summary judgment, appellants did not assert they were immune from liability for the Hospital’s bill; they asserted only that they were immune from a judgment

Long v. Long

252 S.W.2d 235 · Court of Appeals of Texas · Oct 2, 1952

In doing this we must be guided by well-established rules laid down by our courts. … The intention to establish a spendthrift trust ought clearly-to appear in the instrument creating the trust, (emphasis added), for, -as more than one court has observed, any other rule ‘would be in effect saying that all

Lopez v. PUBLIC UTILITY COM'N OF TEXAS

816 S.W.2d 776 · Court of Appeals of Texas · Sep 25, 1991

of § 1983, which statute does not override the traditional sovereign immunity of the States. … This premise may be established only in a direct proceeding under PURA § 26(e), and reviewed for errors of law under PURA § 69.

Texas Department of Human Services v. Green

855 S.W.2d 136 · Court of Appeals of Texas · Jun 30, 1993

State, 610 S.W.2d 740, 742 (Tex.1980) (“It is a well-established rule that for the Legislature to waive the state’s sovereign immunity, it must do so by clear and unambiguous language.”). … DHS filed its motion for leave to supplement on July 15th, only seven days before the established trial date.

Geller v. Dallas Ry. Co.

245 S.W. 254 · Court of Appeals of Texas · Oct 28, 1922

The franchise ordinance provided that it would take effect when submitted to and approved by a majority of the qualified voters of the city of Dallas. … The sense and discretion of the Legislature, as well as its power to discriminate *259 between an act falling clearly without and one falling clearly within the Constitution, should, if we are consistent, be given the same

Glass v. Smith

238 S.W.2d 243 · Court of Appeals of Texas · Feb 28, 1951

This is true, because such section by its express terms only gives the qualified voters of the city the power to legislate. … They are not immune from compulsory process as to these duties •even as they relate to- election matters.