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Case Law Database

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

Case No. 14-08-00493-CV
Regular Panel Decision
Jun 21, 2009

BACM 2002 PB2 Westpark Dr LP, Houston Parkwest Place Ltd, as the Property Owners and the Property Owners v. Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District

This appeal concerns a lawsuit where a former property owner initiated judicial review of an ad valorem tax valuation protest by the county appraisal district. A subsequent property purchaser was later included as a plaintiff. The appraisal district challenged the plaintiffs' standing through a plea to the jurisdiction, leading the trial court to dismiss the suit. The appellate court affirmed this dismissal, concluding that neither the initial property owner (BACM 2002 PB2 Westpark Dr. LP) nor the subsequent owner (Houston Parkwest Place Ltd.) possessed the requisite standing to pursue judicial review. Consequently, the trial court was found to lack subject-matter jurisdiction over the dispute.

Property TaxAd Valorem TaxJudicial ReviewStanding DoctrineSubject-Matter JurisdictionPlea to the JurisdictionTexas Tax CodeTexas Rule of Civil Procedure 28Appellate ProcedureProperty Ownership
References
30
Case No. 04-05-00589-CV
Regular Panel Decision
Nov 23, 2005

the City of San Antonio v. Summerglen Property Owners Association, Inc. Kenneth Carey Joe Cochran William McCrae Karen Pena George Baum And Dan Vana Intervenors, Cheri Franklin Ed Berger Dick Chapman Betty Chapman George Pierce Debra Pierce Randy Gurley

This case involves an interlocutory appeal where the City of San Antonio challenged the standing of a homeowners association and individual property owners to contest the City's proposed annexation of their property. The property owners filed suit seeking declaratory judgment that the annexation was unlawful due to procedural violations of Chapter 43 of the Local Government Code and in violation of House Bill 585. The trial court denied the City's plea to the jurisdiction and granted a temporary injunction. The appellate court held that the property owners lacked standing to challenge the annexation, concluding that claims based on procedural defects must be brought via quo warranto proceedings and that H.B. 585, which prohibited the annexation, was an unconstitutional local law. Consequently, the appellate court reversed the trial court's order and dismissed the property owners' claims.

Annexation LawStandingPlea to the JurisdictionDeclaratory ReliefTemporary InjunctionQuo WarrantoLocal Government CodeConstitutional LawSpecial LawLocal Law
References
25
Case No. MISSING
Regular Panel Decision

Delishi v. Property Owner USA LLC

Plaintiff Haxhi Delishi sued multiple defendants after he slipped and fell at a construction site in New York County on November 14, 2005, while working for Collins Building Services, Inc. He alleged negligence against the named defendants for causing or allowing the dangerous condition (a piece of cardboard covering a metal pipe) or failing to warn him. Several defendants, including Stateside Contracting Co., Inc., Jordan Daniels Electrical Contractors, Inc., Property Owner (USA), LLC, HSBC North America, Inc., and Jones Lang LaSalle Services, Inc., moved for summary judgment to dismiss the complaint and cross-claims against them. Third-party defendant Collins also moved for dismissal of Jones Lang's third-party complaint. The court, presided over by Justice Jack M. Battaglia, denied all motions for summary judgment, finding that none of the moving parties had established prima facie entitlement to judgment as a matter of law, partly due to issues with inadmissible deposition testimony and insufficient evidence regarding creation of the condition or notice of it.

Slip and FallConstruction Site InjuryWorkplace AccidentSummary Judgment MotionNegligence ClaimCommon-law IndemnificationContractual IndemnificationContributionAdmissibility of Deposition TranscriptsDangerous Condition
References
66
Case No. 13-06-086-CV
Regular Panel Decision
Aug 31, 2007

John and Betty Hough v. Brownsville Winter Haven Property Owners Association

John and Betty Hough appealed a trial court's summary judgment granted to the Brownsville Winter Haven Property Owners Association regarding alleged restrictive covenant violations. The Association sued to enforce subdivision covenants after the Houghs' porch was deemed to encroach on a side easement following the sale of an adjoining lot. The Houghs argued quasi-estoppel, asserting the Association had acquiesced to the porch's construction and improvements over many years without objection. The appellate court concluded the Houghs conclusively proved the elements of quasi-estoppel and that the Association failed to present evidence to avoid summary judgment on this defense. Consequently, the court reversed the trial court's summary judgment for the Association, rendered judgment for the Houghs, and remanded the issue of attorney's fees.

Declaratory JudgmentRestrictive CovenantsArchitectural RulesSummary JudgmentQuasi-EstoppelProperty LawEasementProperty Owners AssociationAppellate ReviewTexas Courts
References
21
Case No. MISSING
Regular Panel Decision
Aug 12, 2005

City of San Antonio v. Summerglen Property Owners Ass'n

The case involves an interlocutory appeal where the City of San Antonio challenged a trial court's ruling regarding the standing of property owners to contest a proposed annexation. The property owners, including Summerglen Property Owners Association, argued the City violated statutory procedures under Chapter 43 of the Local Government Code and that the annexation was prohibited by House Bill 585. The City contended the property owners lacked standing because procedural challenges require a quo warranto proceeding and H.B. 585 was an unconstitutional local law. The appellate court agreed with the City, holding that claims of procedural defects and arbitration issues did not confer standing to private individuals, as they did not render the annexation 'wholly void.' Crucially, the court also found H.B. 585 to be an unconstitutional local law, as it targeted a specific geographic area within San Antonio's extraterritorial jurisdiction without a reasonable basis. Consequently, the appellate court reversed the trial court’s denial of the plea to the jurisdiction, vacated the temporary injunction, and dismissed the property owners' claims.

AnnexationStandingQuo WarrantoLocal Government CodeHouse Bill 585Constitutional LawSpecial LawTexas ConstitutionInterlocutory AppealDeclaratory Relief
References
26
Case No. 2017 NY Slip Op 08027 [155 AD3d 900]
Regular Panel Decision
Nov 15, 2017

Poalacin v. Mall Properties, Inc.

The plaintiff, Nelson Poalacin, was injured when he fell from a defective ladder while working at a retail property undergoing refurbishment. He sued multiple defendants, including the property owners (Mall Properties, Inc., KMO-361 Realty Associates, LLC, The Gap, Inc.), the general contractor (James Hunt Construction), and subcontractors (Weather Champions, Ltd., APCO Insulation Co., Inc.), alleging violations of Labor Law §§ 240 (1), 200, and 241 (6), as well as common-law negligence. The Supreme Court initially denied Poalacin's motion for summary judgment on Labor Law § 240 (1) and later granted the defendants' motions to dismiss the complaint. On appeal, the Appellate Division reversed the Supreme Court's orders, granting Poalacin summary judgment on the Labor Law § 240 (1) claim and denying the defendants' motions to dismiss the other Labor Law claims. The court also made declarations regarding indemnification and insurance coverage between the parties, finding Harleysville Insurance's policy was excess to Netherlands Insurance Company's policy, and remitted the matter for judgment entry.

Labor LawConstruction AccidentWorkplace SafetyLadder FallSummary JudgmentIndemnificationInsurance DisputesAdditional InsuredCommon-Law NegligenceThird-Party Action
References
37
Case No. M2020-01417-SC-R23-CV
Regular Panel Decision
Apr 26, 2021

Affordable Construction Services, Inc. v. Auto-Owners Insurance Company

Affordable Construction Services, Inc., a general contractor, sued Auto-Owners Insurance Company after the insurer failed to name the contractor as a payee on an insurance proceeds check issued to the insured property owner, Grand Valley Lakes Property Owners Association, Inc., despite damages exceeding $1,000 as per Tennessee Code Annotated section 56-7-111. The case, originating from a certified question from the U.S. District Court for the Western District of Tennessee, sought to determine if section 56-7-111 provides a private right of action for a general contractor. The Tennessee Supreme Court held that the statute does not expressly grant or imply a private right of action. Consequently, the general contractor has no legal standing to sue the insurance company for noncompliance with the statute.

Private Right of ActionStatutory InterpretationInsurance LawGeneral ContractorProperty DamageCertified Question of LawLegislative IntentTennessee Supreme CourtInsurance ProceedsPayee Requirement
References
24
Case No. 2022 NY Slip Op 02944 [205 AD3d 412]
Regular Panel Decision
May 03, 2022

Dolcimascolo v. 701 7th Prop. Owner, LLC

This case involves an appeal by Michael Dolcimascolo against 701 7th Property Owner, LLC, challenging an order that granted defendants' motion to amend their answer and for summary judgment. The Appellate Division, First Department, affirmed the Supreme Court's decision allowing the defendants to amend their answer to assert a defense of release. However, the appellate court modified the order by denying the motion for summary judgment. Plaintiff successfully raised triable issues of fact regarding duress, fraud, and mutual mistake concerning the execution of two releases. The court emphasized New York's public policy protecting injured workers from coercive settlements before fully understanding their injuries, particularly when advised by employer-sent lawyers without independent counsel.

DuressFraudMutual MistakeRelease DefenseSummary Judgment MotionLeave to AmendAppellate ReviewInjured WorkersPublic PolicyTriable Issues of Fact
References
8
Case No. 03-02-00611-CV
Regular Panel Decision
Jun 05, 2003

Texas Building Owners and Managers Association, Inc. Building Owners and Managers Association International Tanglewood Property Management Company Emissary Group 5599 San Felipe, Ltd. And the Real Access Alliance v. the Public Utility Commission of Texas and the State of Texas

This case concerns the scope of the Public Utility Commission's power to enforce the Building Access Statutes (Texas Utilities Code §§ 54.259-.261). Appellants, consisting of property management organizations and trade groups, sued the Commission, seeking a declaratory judgment that the Statutes are unconstitutional on their face and a permanent injunction. They argued the statutes cause a taking of their property without adequate compensation and that the Commission lacks delegated power to determine compensation. The district court declared the Statutes facially constitutional and denied injunctive relief. The Court of Appeals affirmed the judgment, holding that the legislature constitutionally delegated to the Commission the power to determine 'reasonable' and 'nondiscriminatory' compensation, providing sufficient guidance and an adequate process for obtaining compensation.

Telecommunications regulationPublic Utility CommissionBuilding Access StatutesConstitutional lawTakings clauseDelegation of powerProperty rightsTelecommunications utilitiesCompetitive marketplaceFacial unconstitutionality
References
30
Case No. MISSING
Regular Panel Decision

Council of Co-Owners of Saida II Towers Condominium Ass'n v. Texas Catastrophe Property Insurance Ass'n

In four consolidated suits, property owners sued the Texas Catastrophe Property Insurance Association for breach of property-insurance contracts. The district court initially dismissed the cases, asserting a lack of subject-matter jurisdiction. The appellate court withdrew its previous opinion and substituted a new one, holding that the trial court did have jurisdiction. The court concluded that the Catastrophe Property Insurance Pool Act did not abolish common-law causes of action for breach of insurance contracts or transfer adjudicative power over such claims exclusively to the State Board of Insurance. Consequently, the judgments below were reversed, and the causes were remanded for trial.

Insurance LawTexas LawContract BreachAppellate CourtJurisdictionAdministrative LawCommon Law RightsStatutory ConstructionProperty OwnersInsurance Association
References
39
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