Legal Opinion

City of Lancaster v. Clopton

Texas Court of Appeals, 5th District (Dallas)

Decided February 29, 2008No. 05-07-00210-CVPublishedCited by 4 opinions

1Opinion of the Court

OPINION

Opinion by

Justice WHITTINGTON.

The City of Lancaster, Texas filed a petition for declaratory judgment, seeking to set aside the hearing examiner’s award reinstating firefighter David Clopton’s employment. The trial judge granted summary judgment affirming the hearing examiner’s award in favor of Clopton. In two issues, the City contends (i) Texas Local Government Code section 143.057(j) is unconstitutional and (ii) a fact issue exists as to whether the hearing examiner exceeded the scope of his jurisdiction or unlawfully rendered the award. 1 We affirm the trial court’s judgment.

Backgrou…

2Cases cited18 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Carr v. BrasherTexas Supreme Court · 1989
  3. Wornick Co. v. CasasTexas Supreme Court · 1993
  4. Triton Oil & Gas Corp. v. Marine Contractors and Supply, Inc.Texas Supreme Court · 1982
  5. General Mills Restaurants, Inc. v. Texas Wings, Inc., Texas Court of Appeals, 5th District (Dallas)2000

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3Cited by4 opinions

  1. Thomas J. Ellis v. the Renaissance on Turtle Creek Condominium Association, Inc., Texas Court of Appeals, 5th District (Dallas)2014
  2. City of Mission, Texas v. Alejandro Gonzalez, Texas Court of Appeals, 13th District2012
  3. Karen Murray, Individually and as Representative of the Estate of Jean Pierre Anthony Jackson Smith v. Pinnacle Health Facilities XV D/B/A Woodridge Nursing and Rehabilitation, Texas Court of Appeals, 1st District (Houston)2014
  4. the City of Austin Firefighters' and Police Officers' Civil Service Commission, Mark Washington, Arturo Acevedo, and the City of Austin v. William M. Stewart, Texas Court of Appeals, 3rd District (Austin)2015

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