10 results for 'cat:"Municipal Law" AND cat:"Contract"'.
J. Austin denies the city's motion to alter or amend judgment in the property owners' suit alleging breaches of contracts associated with redevelopment of a shopping center, along with the property owners' motion for attorney fees and costs. The city's contention that the property owners' agreement to sell to a third party did not constitute "valuable consideration" for the city's own agreement with the property owners because the third-party agreement preexisted the city's agreement fails, since there is no evidence in the record establishing that the property owners entered into any binding agreement to sell before signing their agreement with the city. The city's defense against the property owners' claims, however, was not without substantial justification, nor was its assertion of counterclaims.
Court: USDC South Carolina Aiken, Judge: Austin, Filed On: February 26, 2024, Case #: 7:20cv1305, NOS: Other Contract - Contract, Categories: Fraud, municipal Law, contract
J. Griffin finds that the court of appeal should not have determined defrayment of operational and equipment expenses to be part of the city’s obligation to fund the Shreveport City Marshal’s operation and maintenance expenses. Statute only requires that the city fund the operation and maintenance expenses of the physical offices of the Marshal. Reversed.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: November 17, 2023, Case #: 2023-C-00182, Categories: Administrative Law, municipal Law, contract
J. Klappenbach finds the county court properly found that a nonexclusive easement exists in the property deed, preventing the owner from attempting to block or restrict their neighbors from using it. The owner was aware that the property he purchased was subject to the easement, which was not required to have been conveyed to the neighbors by the previous owner. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: November 1, 2023, Case #: CV-22-719, Categories: municipal Law, Property, contract
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J. Neubauer finds in favor of the city in a dispute from a sanitary district over license fees the city charged as part of an agreement for the city to treat and dispose of wastewater from the district and other municipal entities. The facts show the annual license fee charged by the city is valid and enforceable and the statutes cited by the district either do not apply to the fees or do not preclude the city from charging them. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Neubauer, Filed On: August 30, 2023, Case #: 2022AP001649, Categories: municipal Law, contract
J. Willett finds the district court improperly dismissed this suit brought by the law firm whose contracts with the county were terminated after the election changed the composition of the county board of supervisors. The law firm seeks a fixed sum for the full year, per its contracts. Though the district court reasoned that nothing authorized the old board to bind the new one, the statute which empowers the board to contract “by the year” for legal counsel gave the old board “express authority” to bind the new board. Reversed and remanded.
Court: 5th Circuit, Judge: Willett, Filed On: August 14, 2023, Case #: 22-60457, Categories: municipal Law, contract
J. Johnson finds the trial court properly granted Beaumont's plea to the jurisdiction, dismissing the firefighter's claims alleging wrongful termination. The firefighter was originally suspended for violations of sick leave policy, then terminated upon his appeal, with the Civil Service Commission finding that Collective Bargaining and Abeyance Agreements between him and the former fire chief were valid, and that the violations warranted dismissal. The firefighter filed suit against the city, and the district court properly found that he failed to timely file his appeal of the commission’s decision and that the court did not have jurisdiction to hear it. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: July 27, 2023, Case #: 09-22-00042-CV, Categories: Employment, municipal Law, contract
J. Miller-Lerman finds the district court improperly reinstated the city’s animal control contract with the Humane Society, finding that the city lacked reasonable sufficient evidence to terminate. The city did not exercise a judicial function when it voted on the matter and the court lacked petition in error jurisdiction. The court’s order is vacated, and the appeal is dismissed for lack of jurisdiction.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: July 14, 2023, Case #: S-22-698, Categories: municipal Law, Jurisdiction, contract
J. Oldham finds the district court improperly entered a preliminary injunction against Texas’ attorney general preventing him from requiring that the Palestinian-owned engineering firm, as a condition of its municipal contract with the city of Houston, according to Texas law, certify that it will not boycott Israel for the duration of the contract. The firm filed a constitutional claim against the Texas attorney general, alleging civil rights violations. The district court did not have jurisdiction to enter the injunction as any potential injury is not traceable to the official. Reversed and remanded with instructions to vacate the injunction and dismiss the suit.
Court: 5th Circuit, Judge: Oldham, Filed On: July 10, 2023, Case #: 22-20047, Categories: Constitution, municipal Law, contract