Off the Kuff Rotating Header Image

Posts Tagged ‘lawsuit’

An outsider’s view of the Ashby Highrise

From Governing.com. It contains the Z word, so you might want to shield the eyes of innocent children and Joel Kotkin. Whatever views one may hold about a city without zoning, it’s hard to deny that Houston has done pretty well for itself over the past generation or so. Its population has grown faster than […]

Judge affirms Wilson residency verdict

No surprise. The Harris County Attorney’s office, which has been challenging [Dave] Wilson’s residency for months, asked state District Judge Mike Engelhart to throw out last month’s jury ruling, arguing that Wilson was breaking the law by claiming two residences. Engelhart said Monday that he “unfortunately” had to deny the motion, but he admonished Wilson […]

HERO repeal petition lawsuit set for January

There will be no HERO repeal referendum on the ballot this year, but depending on how the trial (and likely appeal) goes, there could be one next year. Opponents of Houston’s equal rights ordinance dropped their request for a temporary injunction Friday that could have triggered a process to set a repeal referendum this November. […]

Game room lawsuit dismissed

From last week: After a lengthy tussle over new game room regulations for Harris County, a federal judge Tuesday issued an order denying requests from a local game room owner to stop the new regulations. “The game room situation in Harris County is a big problem,” said Fred Keys, an assistant attorney for Harris County. […]

Latest HB2 trial wraps up

And so we await a ruling, followed by whatever the Fifth Circuit will pull out of its posterior. Stefanie Toti, representing the Center for Reproductive Rights, said the requirements imposed by the ambulatory surgical center rules single out abortion providers, as three-fourths of other ASCs in the state are exempt from the costly building code […]

Abbott does one last solid for Perry

He lets him keep his little secrets. After critics raised a stink about the tax dollars being spent to provide security for Gov. Rick Perry while he was gearing up to run for president, lawmakers passed a bill in 2011 designed to let Texans know — eventually — what they were getting for their money. […]

The case against tossing the HERO repeal petitions

Jerad Najvar makes a constitutional argument that the city of Houston should have accepted the HERO repeal petitions even though many of the petition pages fell short of the requirements laid out in the city charter. While we lack clarity as to exact numbers, it appears that given a blatant constitutional infirmity with part of […]

Intimidation tactics

Very creepy. Anti-abortion activists in Texas employ strategies to identify and monitor abortion patients, investigate abortion providers and clinic staff and search tax records to find locations of abortion providers, according to newly released undercover audio. The audio, from NARAL Pro-Choice Texas and Progress Texas, was recorded during a training session at the Capitol hosted […]

News flash: Greg Abbott wants to sue the EPA again

Nobody could have foreseen this! Foretelling a new environmental battle between state and federal regulators, Attorney General Greg Abbott on Monday demanded the U.S. Environmental Protection Agency back down from a proposal to expand the definition of federal waters to include seasonal and rain-dependent waterways. The proposal “is without adequate scientific and economic justification and, […]

On redistricting and race

Phase Two of the redistricting trial is underway, and if it sounds an awful lot like Phase One to you, you would be right. Texas’ Republican-controlled Legislature didn’t discriminate against minorities by drawing election maps in 2011 that voting-rights activists say make it harder for Hispanics and blacks to elect their candidates, a lawyer for […]

HERO repeal hopefuls try another venue

Whatever. Conservative opponents of Houston’s equal rights ordinance have asked an appeals court to force the city secretary to certify the signatures on their petitions to force a repeal referendum on the November ballot. Equal rights ordinance critics filed a request late Monday with Houston’s 14th Court of Appeals for an emergency writ of mandamus […]

From the “Those that disregard history are doomed to repeat it” department

This is the state of environment protection in Texas. Texas’ top environmental regulator suggested Thursday that the state may ignore a proposed directive from the Obama administration in June to reduce carbon emissions from power plants. “I’m concerned that if this is not contested, if we don’t dispute this, if we don’t win, the implications […]

Collier keeps up the attack

I really like the way he’s running his campaign. Democratic comptroller nominee Mike Collier says his Republican opponent Glenn Hegar bragged to a Houston-area tea party interviewer last year that he was proud of the Legislature’s 2011 budget cuts to public schools. On Friday, Collier released a web video to prove it. “It’s embarrassing and […]

Redistricting II: Congressional Boogaloo

Phase Two of the redistricting lawsuit trial begins today, in which the 2011 Congressional maps go under the microscope. That’s as good a time as any for the mandatory How Much All This Redistricting Litigation Is Costing Us story. Texans are on the hook for $3.9 million in costs for Attorney General Greg Abbott to […]

More on the Abbott-Duntsch connection

The Observer advances the ball. How immune are hospitals? Under the current law, for Baylor to be liable for Duntsch’s mistakes, the plaintiffs have to prove that hospital administrators let him operate because they specifically intended to harm patients. Soon after the three plaintiffs sued, Abbott’s office announced that it would be jumping in to […]

HERO repeal lawsuit moves back to state court

Are we dizzy yet? Conservative activists seeking to repeal the Houston Equal Rights Ordinance trumpeted a small victory Thursday when a court hearing resulted in the ordinance being suspended pending an Aug. 15 hearing. Mayor Annise Parker, anticipating a lawsuit, had already said she would not enforce the ordinance until there was more legal clarity, […]

The state’s puppet witnesses in the HB2 lawsuit

The Austin Chronicle tells the story. Among the state defense witnesses who took the stand on the third day of trial against Texas’ abortion-restricting House Bill 2 were two women with overt objections to abortion and one physician whose testimony in support of abortion regulations was recently discredited by a federal court. Additionally, questions arose […]

Lots of same sex marriage appeals about to happen

Busy times in the federal appeals courts. Federal appeals courts soon will hear arguments in gay marriage fights from nine states, part of a slew of cases putting pressure on the U.S. Supreme Court to issue a final verdict. If the appeals judges continue the unbroken eight-month streak of rulings in favor of gay marriage, […]

Council approves vehicles for hire overhaul

At long last. Technology companies that have unapologetically disrupted vehicle-for-hire markets in cities across the country will be able to operate legally in Houston after City Council on Wednesday ended 16 months of wrangling by approving new rules. Council voted 10 to 5, with two absent, to open the heavily regulated paid ride market in […]

HERO repeal lawsuit moved to federal court

And the bad guys are very unhappy about it. Conservative activists seeking to repeal Houston’s equal rights ordinance accused the city of stalling the issue Wednesday after city lawyers moved the opponents’ lawsuit over rejected ballot petitions from state to federal court. Opponents blasted the move, calling it a delay tactic aimed at keeping the […]

Remember Ray Jones

So now that the HERO-haters’ petitions have been rejected by the city for not having enough valid signatures after all of the petition pages that were not compliant with the requirements of the city charter were thrown out, the story shifts to the courthouse. We don’t know exactly what the antis are going to claim […]

HERO repeal effort falls short

Too bad, so sad (not really). Opponents of Houston’s new non-discrimination ordinance did not get enough valid signatures to force a November repeal referendum, Mayor Annise Parker and City Attorney David Feldman announced Monday. “With respect to the referendum petition filed to repeal the ‘HERO’ ordinance, there are simply too many documents with irregularities and […]

Next lawsuit against HB2 is underway

We’ll see if the result this time is any better. Texas abortion providers’ next attempt to block strict abortion regulations that the Republican-led Legislature passed last year begins Monday in Austin, where a federal court is considering whether to block a provision of the law that could shutter all but a handful of abortion clinics. […]

Decision on validity of HERO-repeal petitions coming today

Get ready for the fireworks. City of Houston officials plan to announce Monday whether a petition submitted by opponents of the city’s new nondiscrimination ordinance contains enough valid signatures to force a vote on repealing the measure this November. Opponents claimed to have gathered and verified 31,000 names, but City Attorney David Feldman said Friday […]

Marriage equality’s legal winning streak may be on the line this week

And it’s not even the Fifth Circuit Court of Appeals that might bring a halt, however temporary, to the march of progress. Marriage equality has had a very good run in the federal courts ever since the Supreme Court declared the anti-gay Defense of Marriage Act unconstitutional in 2013. Every single federal court to consider […]

More on San Felipe Highrise Lawsuit II

Here’s the Chron story on the latest adventure in urban planning via the courtroom. The basics are covered here so I’m going to cut to the speculation about effect. Observers have said the Ashby case could have an effect on development moving forward. Now, local land-use experts say the San Felipe project and the neighbors’ […]

I’m not the only one who thought Abbott’s same sex marriage appellate brief was ridiculous

Of course, his arguments were ridiculous, so I shouldn’t be the only one who thinks so. Attorney General Greg Abbott is defending the state’s same-sex marriage ban using a widely rejected “responsible procreation” argument, bolstering gay rights advocates’ hopes and raising questions about his chances of success. “None of the arguments (against gay marriage) have […]

County Attorney asks judge to overturn Wilson verdict

I’m not sure what the point of this is. Although a jury decided Dave Wilson lived where he claimed when he ran for the Houston Community College seat he holds, the drama surrounding the perennial candidate continues. Harris County attorneys filed a motion Wednesday asking Judge Mike Engelhart, who oversaw Wilson’s three-day residency trial earlier […]

First phase of redistricting trial ends

Not much of interest must have happened, because news reports have been sparse, to say the least. The first phase of the federal trial examining claims that state lawmakers discriminated against African-American and Hispanic voters when redrawing Texas House districts in 2011 came to an end Tuesday, as both sides made closing arguments to a […]

Abbott’s appellate brief on same sex marriage is a complete loser

How weak does your case have to be to have to rely on this? Texas Attorney General Greg Abbott filed an appeal with the U.S. 5th Circuit Monday regarding the state’s same-sex marriage ban, which was ruled unconstitutional by a federal judge in February. According to the brief, Abbott said Texas can ban same-sex marriage […]

Checking in on Uber and Lyft in San Antonio

San Antonio City Council will soon be taking up with vehicles for hire issue, and so far things have gone about as smoothly as you’d expect. A proposal from City staff to integrate rideshare companies into the existing Vehicle for Hire Ordinance, and therefore legalizing rideshare operations in San Antonio, was met with unanimous opposition […]

Fourth Circuit Court of Appeals upholds marriage equality

That’s two federal appeals courts, to go along with however many federal district courts and state courts. Virginia’s same-sex marriage ban was ruled unconstitutional on Monday in the first such decision by a federal appellate court in the South. “We recognize that same-sex marriage makes some people deeply uncomfortable. However, inertia and apprehension are not […]

More on the Denton fracking referendum

I think everyone agrees the Denton anti-fracking referendum will wind up in court if it passes. It’s just a question of how wired the courts will be for the plaintiffs. Voters will decide whether the city will become the state’s first to ban hydraulic fracturing, or fracking – the method of oil and gas extraction […]

Harris County settles with HCAD

Not sure about this. Less than two months after formally challenging the way the local appraisal district calculates the value of vacant commercial land, Harris County has backed down. Commissioners Court on Tuesday OK’d the withdrawal of a petition filed in early June by the county attorney challenging the Harris County Appraisal District after the […]