Case law
Opinions from 1658 to today.
10,000+ results
1.97s
Resolution Trust Corp. v. Tarrant County Appraisal District
926 S.W.2d 797 · Court of Appeals of Texas · Aug 20, 1996
WHAT QUALIFIES AS A CHANGE OF USE? A change of use is a physical change. The owner must stop using the land for agricultural purposes. 1990 Ag Manual, supra at 31. … Public policy forbids the suit unless consent is given, as clearly as public policy makes jurisdie *802 tion exclusive by declaration of the legislative body.
Cited 11 timesPublishedReaves v. City of Corpus Christi
518 S.W.3d 594 · Court of Appeals of Texas · Apr 13, 2017
The petition further alleged that their negligence claims qualified for a waiver of sovereign immunity through Texas Civil Practice and Remedies Code section 101.021(1) because: Officer Fernandez acted within the course and … Cases in this branch have made clear that an immunity claim does not erase the established rules which apply to motions for summary judgment.
Cited 69 timesPublished388 F. Supp. 3d 738 · District Court, W.D. Texas · May 23, 2019
It similarly concluded that making a speech on the House floor or speaking in a committee hearing qualifies as a legislative act. See United States v. … CONCLUSION Legislative immunity protects legislatures and legislators in establishing and applying rules that they deem most conducive to conducting legislative business.
Reversed on other grounds by Empower Texans, Incorporated v. Charlie Ger, 977 F.3d 367 (2020)Cited 1 timesPublishedStuart Thomas Gerstacker v. Kimberly Ann Gerstacker
Texas Court of Appeals, 3rd District (Austin) · Jul 29, 2011
This clearly qualifies as “providing goods [and] services to” LCRA. See Kirby Lake Dev., Ltd. v. … See 197 S.W.3d at 346 (“[T]he Tookes do not claim damages within [the] limitations [established by section 271.153].
Cited 0 timesPublished956 S.W.2d 106 · Texas Court of Appeals, 14th District (Houston) · Sep 18, 1997
The County alleges in nine points of error that it is immune from suit, the evidence is legally and factually insufficient to establish it discriminated against Louvier or to support the damages awarded, the trial court submitted … As originally enacted, the Anti-Retaliation Law did not clearly and unambiguously waive governmental immunity. City of LaPorte v. Barfield, 898 S.W.2d 288, 293 (Tex.1995).
Cited 19 timesPublishedWest Odessa Volunteer Fire Department, Inc. v. E. Roman Contreras and Martina Contreras
549 S.W.3d 203 · Texas Court of Appeals, 11th District (Eastland) · Apr 12, 2018
The court rejected the requested expansion of Section 101.021 on the basis that a statute that waives immunity must do so clearly and unambiguously. Id. at 292–94 (citing GOV’T § 311.034). … The court concluded that Section 101.062(b) does not clearly and unambiguously waive governmental immunity and, therefore, does not expand the waiver of immunity in Section 101.021. Id. at 293 (citing City of El Paso v.
Cited 2 timesPublishedThe Harris Center for Mental Health and IDD v. Deborah McLeod
Texas Court of Appeals, 1st District (Houston) · Apr 2, 2024
The Harris Center argues that (1) it is a governmental unit entitled to assert immunity; and (2) it retains its immunity under the TCHRA because McLeod did not establish a prima facie case for any of her claims or raise … (concluding that entity was entitled to governmental immunity from suit based on uncontroverted affidavit from Commissioner of Texas Department of Mental Health and Mental Retardation recognizing that entity qualified
Cited 0 timesPublishedTexas Court of Appeals, 12th District (Tyler) · Jun 23, 2010
“Thomas’s summary judgment motion clearly challenged the trial court’s subject matter jurisdiction.” Id . at 339. … Van Dusen, although establishing the cause of death as asphyxiation, also fails to show how the Hospital breached the applicable standard of care.
Cited 0 timesPublished311 S.W.3d 85 · Texas Court of Appeals, 3rd District (Austin) · Apr 16, 2010
This portion of the definition is not qualified or conditional in any way on the portion of the definition referring to a retailer’s “purpose” for the location. … Appellees contend that the Room-Store warehouse does not qualify under the Comptroller’s own guidelines.
Cited 45 timesPublished84 S.W.3d 252 · Texas Court of Appeals, 5th District (Dallas) · Mar 14, 2002
Because Sheriff Bowles established his immunity by establishing the good faith of his deputies in conducting the sheriffs sale, we conclude the summary judgment evidence establishes Sheriff Bowles is entitled to *253 official … Deputy Hicks stated in his affidavit that he is a duly qualified and appointed deputy sheriff for the Dallas Sheriffs Department.
Cited 8 timesPublishedSu Inn Ho v. University of Texas at Arlington
984 S.W.2d 672 · Texas Court of Appeals, 7th District (Amarillo) · Nov 4, 1998
By stating that it is “the Legislature’s sole province to waive or abrogate sovereign immunity,” the majority opinion in Federal Sign clearly reaffirmed a long line of cases standing for that general principle. … To establish the good faith element, a state employee must show that a reasonable person in the same position would have believed that his conduct was lawful according to clearly established law and according to the information
Cited 164 timesPublishedTexas Court of Appeals, 12th District (Tyler) · Jun 23, 2010
―Thomas’s summary judgment motion clearly challenged the trial court’s subject matter jurisdiction.‖ Id. at 339. … Van Dusen, although establishing the cause of death as asphyxiation, also fails to show how the Hospital breached the applicable standard of care.
Cited 0 timesPublishedSmith v. Houston Independent School District
229 F. Supp. 3d 571 · District Court, S.D. Texas · Jan 17, 2017
Moreno, 667 F.3d 539, 551 (5th Cir. 2012); and (3) the HISD employees have qualified immunity from suit because “their conduct does not violate clear *580 ly established statutory or constitutional rights of which a reasonable … Tex. 2007) (dismissing RICO claim against individual defendant under qualified immunity) (citing Brown v. Nationsbank Corp., 188 F.3d 579, 588 (5th Cir. 1999)). Mr.
Abrogated on other grounds by Tercero v. TX Southmost Coll Dist, 989 F.3d 291 (2021)Cited 10 timesPublished214 S.W.3d 465 · Court of Appeals of Texas · Jan 11, 2006
Based on the adoption subsidy, the Stewarts do not meet the financial requirements to qualify as an adoptive placement for the children. … However, all of the cases cited by the ad litem rely on the following unique provision of the Texas Constitution: “it shall be the duty of the Legislature of the State to establish and make suitable provision for the support
Cited 2 timesPublishedTexas Court of Appeals, 15th District · May 29, 2025
Tanner’s claims are barred by sovereign immunity. HHSC is a state agency, and no statute clearly and unambiguously waives its immunity in this context. Ms. Tanner’s reliance on 42 U.S.C. … Sovereign immunity shields the state and its agencies from lawsuits unless the Legislature has clearly and unambiguously waived that immunity. PHI, Inc. v. Tex. Juvenile Justice Dept., 593 S.W.3d 296, 303 (Tex. 2019).
Cited 0 timesPublishedTexas Court of Appeals, 13th District · Jun 1, 2023
To establish a prima facie case of race or national origin discrimination, the plaintiff must show (1) he was a member of a protected class, (2) he was qualified for his employment position, (3) he was subject … We will assume without deciding that Shaheen was qualified for his position and assess the latter factor.
Cited 0 timesPublishedUniversity of Texas at San Antonio v. Trevino
153 S.W.3d 58 · Texas Court of Appeals, 4th District (San Antonio) · Nov 27, 2002
However, even if a waiver of immunity may be established under section 101.021, the Act sets forth certain exemptions that will maintain the governmental unit’s sovereign immunity. See Delaney v. … This court did not reach the issue of whether the ADA waived the University's sovereign immunity because the plaintiff was not qualified to assert a claim under the ADA. Id.
Cited 9 timesPublished974 S.W.2d 307 · Texas Court of Appeals, 4th District (San Antonio) · May 20, 1998
Second, the criminal law must establish determinate guidelines for law enforcement. Long, 931 S.W.2d at 287 . … Does a wink of an eye, a simple smile, a compliment, the placing of a rose in a vase, an invitation to lunch, or a ride home qualify?
Reversed on other grounds by Sanchez v. State, 1999 Tex. Crim. App. LEXIS 89 (1999)Cited 9 timesPublishedEl Paso Community College v. Antonio Lawler
Texas Court of Appeals, 8th District (El Paso) · Nov 30, 2010
Sovereign Immunity Sovereign immunity deprives a trial court of subject-matter jurisdiction of lawsuits in which the state or certain governmental units have been sued unless the state consents to suit. … EPCC established with its own evidence that an instructor could qualify to teach a credit welding course in May 2004 if he possessed a Texas Teachers Certificate.
Cited 0 timesPublishedRetzlaff v. Internal Revenue Service
728 F. Supp. 1304 · District Court, E.D. Texas · Jun 28, 1989
Furthermore, plaintiffs have not overcome the presumption of qualified immunity for government agents. … Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. Mitchell v.
Cited 0 timesPublished
Ask Donna