New Law Blogs

On the docket: Does the tow company have a vested property interest in a towed car?

By Don Cruse

The Texas Supreme Court is hearing oral argument in three cases on Tuesday, November 19.

Does a tow company have a vested property interest in the cars it has towed?

City of Dallas v. VSC, LLC, No. 08-0265 [more info].

The Dallas police department took possession of some towed cars that were alleged to have been stolen or involved in criminal activity. The tow-truck company sued, arguing that this was a taking of its property interest in the vehicles. The city argues in part that this action falls within its police power.

The Texas Solicitor General’s office was asked to (and later did) file an amicus brief in this case.

Does a school district have to ask permission to challenge an unfavorable employment decision of the state education commissioner?

Presidio Independent School District v. Robert Scott, Commission of Education, No. 08-0958 [more info].

In some employment disputes between an educator and their school district, the employee can file an appeal with the Commissioner of Education. That happened here, and the commissioner ruled in favor of the employee. The school district sought to challenge the commissioner’s ruling in district court. The commissioner invoked immunity, arguing that the statute requires that he grant permission before such a suit can be filed.

Contract dispute with a water authority

Kirby Lake Development Ltd. v. Clear Lake Water Authority, No. 08-1003 [more info].

A development company had an agreement with a water authority for the authority to purchase some assets. Ultimately, the authority decided not to go forward. The development company sued, arguing that the water authority was bound by the contract to hold a bond election and go forward. The water authority argued that suit was barred by immunity and that, in any event, it had not breached the contract.

Full post as published by Supreme Court of Texas Blog on January 18, 2010 (boomark / email).