After Texas Disposal System successfully persuaded the Travis Appraisal Review Board to lower the valuation of its landfill by more than 80 percent, the Travis Central Appraisal District sought a district court’s review. TDS successfully argued that the trial court did not have subject matter jurisdiction over the appraisal district’s claim that the property was below market value because it had brought only an unequal-appraisal protest. SCOTX will review a court of appeals decision to allow the appraisal district to proceed with its case. Business taxpayers are weighing in as the dispute presents major questions for the handling of appraisal protests.
Multibillion-dollar Winter Storm Uri Showdown at the Texas Supreme Court
More than a dozen of the largest electric power companies operating in Texas will face off with their state regulator Tuesday at the Texas Supreme Court. At stake are billions of dollars paid and received under emergency circumstances during Winter Storm Uri three years ago. The energy companies, led by Dallas-based Luminant and Houston-headquartered Pattern Energy, claim that the Texas Public Utility Commission illegally and unnecessarily increased the rates to buy and sell electricity for the four days that unprecedented cold temperatures and freezing rain engulfed the state in February 2021 — rate increases that caused some companies to lose billions of dollars while providing other energy companies billions of dollars in sudden profits.
Judge Higginbotham Drills Down on ‘Impermissible Gloss’ of Court’s ‘Moment of Threat Doctrine’ in Qualified Immunity Case
Judge Patrick E. Higginbotham authored the panel opinion and a concurrence, saying the court was bound to follow its own precedent in this case while also calling on the Fifth Circuit or the U.S. Supreme Court to “revisit the doctrine” that is “deployed daily across this country” in police shooting cases. The case involves the shooting death of Ashtian Barnes, who was stopped for having outstanding toll violations — a non-arrestable offense — and was killed by Officer Roberto Felix Jr. when he attempted to drive away.
Fifth Circuit: Police Immune for Arresting Journalist Just for Asking Questions
Laredo officials who arrested a citizen-journalist in 2017 for asking for information deemed nonpublic cannot be sued for violating the First Amendment rights of the reporter because the officers have qualified immunity because they believed they were following a Texas law — even though the law had never been successfully used in a prosecution and has been declared unconstitutional, a hotly divided U.S. Court of Appeals for the Fifth Circuit ruled late Tuesday. The en banc court of the Fifth Circuit ruled 9-7 that police and prosecutors should not be required to know whether a state law is constitutional or not when enforcing laws.
But seven Fifth Circuit judges in four different dissents blasted the majority’s decision because it turns routine questioning by news reporters into probable cause for committing criminal activity and shows how screwed up the Fifth Circuit is when it comes to granting immunity to government officials who abuse their power.
(Editor’s Note: A previous version of this article states that the en banc vote was 10-7 instead of 9-7. The Lawbook regrets the error.)
Takings Fight Between Texas, Landowners Now in SCOTUS’ Hands
The U.S. Supreme Court heard oral arguments this week in a case where a group of about 75 Texas landowners are fighting to revive their lawsuit against the state seeking compensation for the repeated flooding of their property that they say is the result of a public highway project. The case came to the high court after a Fifth Circuit panel sided with the state and the court declined to rehear the case en banc over the dissent of five judges. The question the justices are tasked with answering in this case is:
“May a person whose property is taken without compensation seek redress under the self-executing Takings Clause even if the legislature has not affirmatively provided them with a cause of action?”
Fifth Circuit Hands Book Stores, Haynes Boone’s Laura Prather Victory in Book Rating Law Case
The decision is a high-profile win for Prather, who represents several bookstores and publishers who challenged the law. The case was Prather’s first appearance before the New Orleans-based appeals court.
The Texas Lawbook profiled Prather, who leads Haynes Boone’s media law practice group, in an in-depth article last week. In the article, Prather discussed the bookstore law case and other First Amendment matters that she is championing.