City of Houston v. Tyra

OPINION

JUNELL, Justice.

This is an appeal by the City of Houston from a final judgment permanently enjoining and restraining the Fire Chief from implementing or applying Houston Fire Department Order No. 4 (“Order No. 4”), a procedure which would test the ability of each firefighter to perform job related tasks within a prescribed period of time. The city brings two points of error alleging: (1) no evidence and/or insufficient evidence to support the trial court’s finding that the time limit imposed by Order No. 4 is arbitrary and unreasonable; and (2) that the trial court erred in finding…