Off the Kuff Rotating Header Image

Posts Tagged ‘lawsuit’

Front and center with the fraud allegations

The city goes on offense as it defends the equal rights ordinance at the repeal petition trial. In his opening argument in court Tuesday, Alex Kaplan, an attorney for the city, said the petition is “full of problems.” “It is precisely these kinds of cases where there are high public passions where the rules must […]

The situation in Plano is complicated

I had not realized this. The nation’s largest LGBT political advocacy group indicated this week it is unlikely to help defend a nondiscrimination ordinance in Plano due to exemptions affecting the transgender community. The announcement from the Washington, D.C.-based Human Rights Campaign could amount to a costly setback for supporters of the ordinance, as the […]

It’s going to be a long trial

Settle in and get comfortable, the HERO repeal petition trial is going to take some time. Ultimately, though, the trial is expected to be tedious and technical. So much so, that even after the city lost a significant motion two weeks ago to send the trial before a judge rather than a jury, Parker focused […]

School finance case timeline announced

Mark “later this year” on your calendars. The Texas Supreme Court will hear the state’s appeal of last year’s far-reaching school finance decision later this year under a timetable laid out by the high court on Friday. Justices gave the state 80 days to file their briefs in the case and the plaintiff school districts […]

The Farenthold files

The Farenthold lawsuit continues to have promise as the underrated scandal of the year. In his first interview since the suit was filed in December, [Rep. Blake] Farenthold said he was shocked by the allegations made by Lauren Greene, the former staffer. “I was surprised,” he said. “I didn’t imagine us having any problems in […]

January campaign finance reports – San Antonio

As we know, while we wait for the Mayoral field to shape up here in Houston, there’s already a hot open-seat race going on in San Antonio, featuring now-former State Rep. Mike Villarreal, State Sen. Leticia Van de Putte (who has submitted a letter of resignation but is staying on until her successor is sworn […]

Settlement talks in Waller County landfill suit

Here’s an update on where things stand with the litigation in Waller County over the proposed landfill outside Hempstead. A jury in December ruled that Waller County Commissioners Court violated Texas’ open meetings laws in deciding to allow the project to move forward, but the question of whether or not that made the landfill itself […]

HERO petition repeal trial starts

It could actually be over before it really starts, though I would not expect that. For the next three to four weeks, the Harris County Civil Courthouse will be the stage for the trial over Houston’s controversial equal rights ordinance. If everything works out according to plan, opening statements will begin next Tuesday. That is, […]

How the appraisal game is rigged

The Observer tells the tale of how we got to where we are with the appraisal process and how easy it is for the big boys to get their taxes drastically reduced. At the heart of Valero’s lawsuits in Moore County was a complicated question: What is a refinery worth? For that matter, what is […]

Texas Obamacare enrollments top 850K

And counting. Officials at the Department of Health and Human Services Wednesday announced nearly 860,000 Texans so far have enrolled in health insurance marketplace coverage with a month left still left to go until the 2015 open enrollment period ends. It’s unclear how many of those signups are new marketplace customers. Last year, nearly 734,000 […]

First hearing in Abbott’s immigration lawsuit

No clue what will happen with this. Saying South Texas is where the “rubber meets the road” on immigration issues, a federal judge used a folksy reference Thursday to note his court is the right place to decide whether to block President Obama’s recent order protecting millions of immigrants from deportation. “Talking to anyone in […]

Feldman’s parting memo

Outgoing City Attorney David Feldman shares his thoughts on the state of the city’s campaign finance rules as he makes his exit. City Hall began its attempt to use a federal court ruling declaring its own election rule unconstitutional to its advantage it in a second, unrelated suit in a letter this week. In the […]

SCOTUS will take up same sex marriage

This is it. The Supreme Court announced on Friday that it will take up four cases challenging state bans on same-sex couples’ marriages — a long anticipated move that could lead to nationwide marriage equality. The cases ask the justices whether Kentucky, Michigan, Ohio, and Tennessee bans on same-sex couples’ marriages and bans on recognition […]

And they’re off

Gentlemen, start your fundraising engines. The Twitter handles have been rechristened, the first attacks have been fired and the “DONATE!” buttons have gone live. The yearlong slugfest for mayor of Houston has begun. In what is expected to be Houston’s most wide-open mayoral race in recent history, most of the dozen potential candidates are shedding […]

HERO repeal petition trial will be heard by a jury

Let’s get on with it. A state district judge ruled Tuesday that the lawsuit surrounding the city’s embattled equal rights ordinance will go before a jury trial rather than a bench trial, a decision that conservative opponents of the law are hailing as a major victory. Critics suing the city over its equal rights ordinance […]

City does a 180 on campaign finances

Not all losses in court are created equal. City officials will argue that the city’s election ordinance is unconstitutional as part of a strategy to strengthen their position in a lawsuit that could shape the early stages of this year’s mayor’s race. After defending the city Monday in civil court, City Attorney David Feldman said […]

Aycock files school finance reform bill

Interesting. A key House Republican said Texas lawmakers should not wait for the outcome of a sprawling school finance lawsuit to discuss changes to the state’s current public education funding system. “While we do not know the final outcome of the school finance lawsuit, I believe it is appropriate to foster broad conversations on this […]

Injunction granted against Houston fundraising blackout period

It’s a whole new ballgame out there. A federal judge on Friday temporarily blocked a law limiting when candidates in Houston municipal elections can raise money, prompting a scramble to contact donors sooner than campaigns had intended. The injunction, two months after a City Council candidate said the law infringed on his constitutional rights, could […]

Judge or jury ruling on HERO should come soon

From the other big lawsuit action on Friday. A district judge offered little insight Friday as to whether he will grant a jury trial to conservative critics who have sued the city over its controversial equal rights ordinance. During a brief but lively hearing in the 152nd District Court in Houston, Judge Robert Schaffer said […]

The Fifth Circuit finally hears the same sex marriage appeal

I am very cautiously optimistic. Signaling significant doubt about the constitutionality of Texas’ ban on same-sex marriages, two federal appeals judges on Friday questioned a state attorney’s argument that marriage is a “subsidy” that the state has the right to grant and withhold. In sharp exchanges with two judges of the U.S. 5th Circuit Court […]

Shoveling sand against the same sex marriage tide

Rep. Cecil Bell is threatening to hold his breath till he turns purple if those nasty federal courts give the go ahead to same sex marriage in Texas. State or local government employees giving out same-sex marriage licenses would stop receiving their salaries under a bill filed Wednesday for the 84th legislative session. Titled the […]

What do we expect from the Fifth Circuit and SCOTUS on same sex marriage?

Some people are very optimistic. Same-sex marriage will arrive in Texas before Easter, according to an attorney for two couples who are challenging the state’s marriage bans in federal court. Daniel McNeel Lane Jr., of Akin Gump Strauss Hauer & Feld in San Antonio, made the prediction as he prepared for oral arguments in the […]

First HERO repeal petition hearing today

Have I mentioned that this is a really busy month for big ticket courtroom action? Conservative opponents suing the city over its equal rights ordinance are pushing, along with several City Council members, for the upcoming case to go before a jury, a move the administration said is unprecedented and would defy election law. After […]

Donna Edmunson

From the inbox: Mayor Annise Parker has selected Donna Edmundson to be the new city attorney. Upon confirmation by City Council, Edmundson will become the first woman to hold the position. She has nearly 30 years of experience with the City Legal Department. “With just a year left in my term and a wealth of […]

The Fifth Circuit hears the HB2 arguments

Maybe it’s not a slam dunk for HB2, though I refuse to get my hopes up. In a long line of tough questioning Wednesday over a new Texas abortion law, federal appeals judges here questioned whether part of a provision requiring abortion facilities to meet hospital-like standards should be struck down. The possibility that the […]

Don’t forget about Pasadena

There’s still a lawsuit in the works regarding their 2013 redistricting referendum that switched their Council from an eight-member all-district makeup to six districts and two At large seats, all at the behest of Mayor Johnny Isbell. Pasadena is preparing to change the makeup of its city council in a way that city fathers hope […]

Meet the judges

Not a bad panel, all things considered. Judges Patrick Higginbotham of Dallas, Jerry Smith of Houston and James Graves Jr. of Jackson, Miss., will sit on a panel that will hear appeals from state officials in Texas and Mississippi of lower-court rulings that overturned the two states’ gay marriage bans. In the Louisiana case, U.S. […]

First city campaign finance lawsuit action this week

As you may recall, City Council candidate Trebor Gordon filed a lawsuit last month alleging that the city of Houston’s campaign fundraising blackout period was illegal. This week, a federal judge is expected to rule on a request for a temporary injunction that would suspend that ordinance. In court filings, Gordon argues that the abridged […]

Trib overview of the same sex marriage appeal

Less than three weeks till the appeal is heard by the Fifth Circuit. Fourteen states allowed same-sex marriage when Cleopatra De Leon and Nicole Dimetman filed a lawsuit late last year challenging Texas’ constitutional ban on marriages that are not between a man and a woman. The couple, married in Massachusetts in 2009, lives in […]

A Denton fracking overview

The Trib has a long piece on the Denton fracking fight, also published in Politico to help non-Texans understand what this was about. It’s a good read that goes over all the main points if you need a refresher on the details. There are two bits of interest I’d like to highlight: Cathy McMullen taps […]

Waller County pledges more transparency after landfill verdict

More transparency is good. Beyond that, we’ll see what happens. Incoming Waller County leaders are pledging more transparency in the wake of a jury’s verdict that sitting county commissioners illegally discussed a contentious landfill project in closed-door sessions and in private with the project’s developer. “Transparency and open government were significant issues during the recent […]

Feldman resigns

Mayor Parker loses a key member of her team going into her final year as Mayor. City Attorney David Feldman on Friday announced that he plans to resign next month, citing, among other reasons, that he could better defend the city’s embattled equal rights ordinance as a key witness than as a lawyer in an […]

Landfill opponents win in Hempstead lawsuit

Good news. A jury on Thursday found that Waller County commissioners met illegally in closed sessions among themselves and with developers of a controversial landfill proposal over more than two years before agreeing to host the project. After a three-week jury trial that was the talk of this rural county, the 12-member jury sided with […]

Plastic bag makers fight back

I expect they will be busy during the legislative session working to block municipal laws that tax, limit, or ban single-use plastic bags. For years, Superbag in northwest Houston quietly manufactured the sacks that grocers and retail chains hand out to customers in the checkout line. The business garnered little attention. Now, however, the industry […]