Sunday, June 3, 2007

June 1, 2007 - Texas Cities Have Their Day In Court

Following its precedent-setting decisions in Tooke and Reata a year earlier, Supreme Court of Texas decides numerous sovereign immunity appeals involving cities.

June 1, 2007 - Texas Supreme Court hands down eleven opinions, including six cases with cities as parties; grants three petitions for review. None of the justices concurred or dissented.

High Court denies 36 petitions for review and 11 petitions for mandamus relief.

This week's opinion authors are Chief Justice Jefferson, Justice Brister, Justice Johnson, and Justice Medina. Seven opinion were issued per curiam, including one granting mandamus relief.

June 1, 2007 Signed and Per Curiam Opinions Issued by the Texas Supreme Court

Daughters of Charity Health Services of Waco v. Linnstaedter, No. 05-0108 (Tex. Jun. 1, 2007)(Brister)(workers compensation, hospital lien)

First Commerce Bank v. Palmer, No. 05-0686 (Tex. Jun. 1, 2007)(Medina)(guarantee agreement, lack or failure of consideration defense)

State of Texas v. Beam, No. 06-0974 (Tex. Jun. 1, 2007)(Jefferson)(expunction)

In Re Southwestern Bell Telephone Co., L.P. , No. 05-0511 (Tex. Jun. 1, 2007)(mandamus)(Johnson)(agency primary jurisdiction)

Hubicki v. Festina, a Lichtenstein Foundation, No. 05-0357 (Tex. Jun. 1, 2007)(per curiam)(default judgment, defective service)

City of Arlington v. Matthews, No. 06-0251 (Tex. Jun. 1, 2007)(per curiam) (sovereign immunity, Tooke)

City of Pasadena v. Kinsel Industries, No. 06-0353 (Tex. Jun. 1, 2007)(per curiam) (sovereign immunity, Tooke)

City of Elsa v. M.A.L., No. 06-0516 (Tex. Jun. 1, 2007)(per curiam)

Tellez v. City of Socorro, No. 05-0629 (Tex. Jun. 1, 2007)(per curiam)(zoning)

Dallas Fire Fighters Association v. City of Dallas,No. 04-0821 (Tex. Jun. 1, 2007)(per curiam)(sovereign immunity, Tooke)

Abilene Housing Authority v. Gene Duke Builders, No. 05-0631 (Tex. Jun. 1, 2007)(per curiam)(sovereign immunity, Tooke)

Petions Denied (Cases involving cities and other local governments only)

No. 03‑0954 CITY OF DALLAS v. FIRST TRADE UNION SAVINGS BANK, FSB; from Dallas County; 5th district (05‑02‑00953‑CV, 133 SW3d 680, 07‑25‑03)

No. 04‑0797 CITY OF TEXARKANA v. CITIES OF NEW BOSTON, HOOKS, DEKALB, WAKE VILLAGE, MAUD, AVERY, AND ANNONA; from Bowie County; 6th district (06‑04‑00023‑CV, 141 SW3d 778, 07‑23‑04) 2 petitions

No. 04‑1115 SAN ANTONIO INDEPENDENT SCHOOL DISTRICT v. CITY OF SAN ANTONIO, ACTING BY AND THROUGH SAN ANTONIO WATER SYSTEM; from Bexar County; 4th district (04‑03‑00835‑CV, ___ SW3d ___, 11‑03‑04)motion to strike dismissed as moot

No. 06‑0161 HARRIS COUNTY v. OCTAVISH FREEMAN; from Harris County; 1st district (01‑04‑00148‑CV, 183 SW3d 885, 01‑12‑06)

No. 06‑0481 THE CITY OF SAN ANTONIO v. EL DORADO AMUSEMENT COMPANY, INC.; from Bexar County; 4th district (04‑04‑00638‑CV, 195 SW3d 238, 02‑15‑06)2 petitions

No. 07‑0029 AUSTIN INDEPENDENT SCHOOL DISTRICT v. CHRISTINA BELL LOWERY; from Travis County; 3rd district (03‑06‑00169‑CV, 212 SW3d 827, 11‑30‑06)

No. 07‑0182 CITY OF MCALLEN v. MANUEL TRIGO, JR., ET AL.; from Hidalgo County; 13th district (13‑04‑00344‑CV, ___ SW3d ___, 06‑02‑04)

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