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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 03-99-00408-CV
Regular Panel Decision
Dec 16, 1999

Margo Frasier, Travis County Sheriff, in Her Official Capacity And Travis County, Texas v. Elvina Yanes, Janet Cisneros and Patricia Mitchell

Three detention officers in the Travis County Sheriff's office were injured while performing their official duties. They sought a declaratory judgment asserting their entitlement to full salary during recovery under Article III, Section 52e of the Texas Constitution. Sheriff Margo Frasier and Travis County filed a plea to the jurisdiction, arguing the constitutional provision was not self-enacting, did not waive sovereign immunity, and that the officers failed to exhaust administrative remedies. The trial court denied the plea. The appellate court affirmed the district court's judgment, holding that Article III, Section 52e is self-enacting, implicitly waives sovereign immunity, and that exhaustion of administrative remedies was not required for pure questions of law.

Law Enforcement OfficersConstitutional EntitlementSovereign Immunity WaiverDeclaratory Judgment ActAdministrative Remedies ExhaustionTexas Constitutional LawPublic Official SalaryTravis CountyJudicial ReviewGovernmental Immunity
References
24
Case No. 03-99-00862-CV
Regular Panel Decision
Oct 19, 2000

Travis County v. Pelzel & Associates, Inc.

Travis County contracted with Pelzel & Associates, Inc. for the construction of the Precinct One Office Building. Travis County subsequently refused to tender full payment, claiming the project was overdue. Pelzel & Associates, Inc. sued Travis County for payment, interest, and damages. Travis County filed a plea to the jurisdiction, asserting sovereign immunity, which the district court denied. The Court of Appeals of Texas, Austin, affirmed the trial court's ruling, holding that Travis County waived its immunity by accepting the benefits of Pelzel's performance without full payment and that Pelzel's compliance with Local Government Code section 89.004 conferred the right to sue the county.

Sovereign ImmunityWaiver of ImmunityContract DisputePlea to JurisdictionGovernmental ContractsLocal Government CodeAppellate LawTexas LawConstruction LawBreach of Contract
References
32
Case No. MISSING
Regular Panel Decision

Travis County v. Colunga

Rosemary Colunga, a Travis County parks worker, was terminated after reporting unsafe pesticide handling by county employees to her superiors and County Commissioner Moya. Despite her good faith efforts, she faced retaliation, including demotion and threats. A jury found Travis County maliciously terminated Colunga, awarding her $20,000 in actual damages and $30,000 in exemplary damages under the "whistle-blower statute." The County appealed, arguing Moya was not "an appropriate law enforcement authority" under the statute. The appellate court affirmed the judgment, ruling that the statutory phrase is elastic and includes any public authority with the power to inquire into and cease unlawful conduct, and that Moya, as a commissioner, served this role in reporting to the Commissioners Court.

Whistleblower ProtectionPublic Employee RightsEmployment TerminationRetaliationPesticide Safety ViolationsGovernmental ImmunityStatutory InterpretationJury VerdictDamages AwardAppellate Affirmation
References
10
Case No. 03-99-00862-CV
Regular Panel Decision
Oct 19, 2000

Travis County, Texas v. Pelzel & Associates, Inc.

Travis County contracted with Pelzel & Associates, Inc. to construct the Precinct One Office Building. Following a dispute over alleged construction delays and a refusal of full payment by Travis County, Pelzel sued the county for payment, interest, and damages. Travis County asserted sovereign immunity, but the district court denied its plea to the jurisdiction. The Texas Court of Appeals, Third District, affirmed the lower court's ruling. The appellate court held that Travis County waived its sovereign immunity through its conduct and that Pelzel's compliance with the presentment statute (Tex. Loc. Gov't Code Ann. § 89.004) further conferred the right to sue.

Sovereign ImmunityWaiver by ConductContract DisputeLocal Government CodePresentment StatuteBreach of ContractPlea to JurisdictionInterlocutory AppealConstruction ContractLiquidated Damages
References
37
Case No. 14-18-00668-CV
Regular Panel Decision
Oct 31, 2019

Ralph Winston Merrill III v. Travis County, Self-Insured Carrier

This case involves an appeal from the dismissal of a suit on jurisdictional grounds, stemming from a dispute over death benefits under the Texas Workers’ Compensation Act. Appellant Ralph Winston Merrill III claimed entitlement to death benefits as the common-law husband of Kristin McLain, a Travis County flight nurse who died in a work-related fall. Travis County, the self-insured carrier, denied the marriage's validity and asserted McLain's parents were the sole beneficiaries. Merrill prevailed at the administrative level, but filed his own suit for judicial review in the 353rd District Court, despite being the prevailing party. The appellate court affirmed the trial court's dismissal, agreeing that Merrill, as the prevailing party, was not aggrieved and thus lacked standing for judicial review.

Workers' CompensationDeath BenefitsJurisdictionStandingCommon-Law MarriageAdministrative LawJudicial ReviewAppellate ProcedureTexas Labor CodeSelf-Insured Carrier
References
18
Case No. 03-19-00323-CV
Regular Panel Decision
Oct 30, 2019

Stephen Sakonchick II v. Travis County, Texas

Stephen Sakonchick II appealed a district court's order sustaining Travis County's plea to the jurisdiction and dismissing his constitutional challenge to a construction permit. Sakonchick argued that the county violated his due course of law by issuing a permit for a parking garage and driveway without prior notice and a hearing, contending it would cause increased traffic and safety hazards on Canon Wren Drive. The appellate court reviewed the jurisdictional ruling de novo, examining whether Sakonchick possessed a protected property interest warranting due process. The court concluded that Sakonchick failed to demonstrate a vested property interest beyond general access to his home, as mere inconvenience or increased traffic do not trigger due course protections. Consequently, the district court's decision was affirmed, though modified to dismiss the case without prejudice.

Plea to JurisdictionGovernmental ImmunityDue ProcessDue Course of LawConstitutional ChallengeConstruction PermitProperty RightsAppellate ReviewDismissal with PrejudiceDismissal without Prejudice
References
31
Case No. 06-22-00022-CV
Regular Panel Decision
Nov 16, 2022

Cynthia Martin v. Hopkins County, Hopkins County Judge Robert Newsom, Hopkins County Commissioner Mickey Barker, Hopkins County Commissioner Greg Anglin, Hopkins County Commissioner Wade Bartley, and Hopkins County Commissioner Joe Price

Cynthia Martin raised ultra vires claims against Hopkins County officials regarding an agreement with a private company to build a solar power plant. Martin contended the agreement was a tax abatement under Texas Local Government Code Chapter 381, Section 381.004(g), which she argued did not comply with the Texas Tax Code provisions. The County and officials asserted the agreement was a grant of public money under Section 381.004(h), thus not governed by the Texas Tax Code. The trial court granted summary judgment in favor of the County. The Court of Appeals affirmed, concluding that the agreement was for a grant of public funds, not a tax abatement, because the developer was obligated to pay all ad valorem taxes, and the payments from the county were program grants calculated with reference to those paid taxes, not a reduction or nullification of the tax liability itself.

Ultra Vires ClaimsEconomic Development AgreementTax AbatementPublic Funds GrantTexas Local Government Code Chapter 381Texas Tax Code Chapter 312Summary JudgmentAppellate ReviewContract ConstructionStatutory Construction
References
39
Case No. 13-14-00293-CV
Regular Panel Decision
Feb 26, 2015

San Patricio County, Texas v. Nueces County, Texas and Nueces County Appraisal District

This is a reply brief filed by San Patricio County, Texas, in an appeal against Nueces County and Nueces County Appraisal District. The core issue revolves around unresolved boundary disputes between the two counties, leading to double taxation for industrial taxpayers like Occidental Petroleum Company. San Patricio County argues that the Nueces County District Court lacked jurisdiction and venue, and erred in granting summary judgment without determining the boundary line. They assert that the 2003 Judgment, which declared 'natural and artificial modifications to the shoreline of San Patricio County shall form a part of San Patricio County,' includes docks, piers, and similar facilities as part of their county, consistent with maritime law and riparian rights. The county seeks reversal of the trial court's decision, either for transfer back to a neutral Refugio County District Court, or for a judgment declaring the disputed properties within San Patricio County's jurisdiction, or for a remand to resolve factual issues concerning the boundary.

County Boundary DisputeJurisdictionVenueSummary JudgmentCollateral Attack2003 Judgment InterpretationShoreline ModificationsDocks and PiersRiparian RightsTaxation Dispute
References
23
Case No. MISSING
Regular Panel Decision

Southwest Travis County Water District v. City of Austin

The Southwest Travis County Water District appealed a trial court judgment that declared its constitutive statute (H.B. 3193) unconstitutional. H.B. 3193 created the District within the City of Austin's extraterritorial jurisdiction, granting it extensive regulatory powers over water, wastewater, drainage, and subdivisions, thereby superseding certain powers of the City. The appellate court affirmed the trial court's decision, concluding that H.B. 3193 was neither a valid general law nor a permissible local law under the Texas Constitution, specifically finding that it failed to comply with general laws requiring the City's consent for the reduction of its extraterritorial jurisdiction.

Constitutional LawLocal GovernmentWater DistrictsSpecial LawsGeneral LawsExtraterritorial JurisdictionHome Rule CitiesTexas ConstitutionStatutory InterpretationPublic Agencies
References
22
Case No. NO. 03-18-00668-CV
Regular Panel Decision
Mar 11, 2020

John Hatchett, Sandra Hatchett, and JPH Capital LLP v. West Travis County Public Utility Agency

John and Sandra Hatchett and JPH Capital LLP (collectively, the Hatchetts) appealed the trial court’s order granting the plea to the jurisdiction filed by the West Travis County Public Utility Agency (PUA). The PUA contended that the Hatchetts lacked standing and were immune from suit. The Hatchetts sought declarations to invalidate the PUA’s policies limiting density and impervious coverage on their property and to grant them vested-rights protection under Chapter 245 of the Local Government Code. The court affirmed the dismissal of the Hatchetts’ UDJA claims as ultra vires but reversed and remanded the dismissal of their Chapter 245 vested-rights claim, finding the PUA's immunity was waived and the 'utility connections' exception did not apply.

Vested RightsChapter 245 LGCPlea to JurisdictionGovernmental ImmunityDeclaratory Judgment Act (UDJA)Ultra Vires ClaimPublic Utility AgencyWater ServiceRegulatory AuthorityStanding
References
60
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