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Pursuant to Heinrich and the law of this case,11 we hold the City is immune from any alleged ultra vires claim. On appeal, the Pidgeon Parties have not shown that the trial court erred in dismissing all of their claims for lack of subject-matter jurisdiction based on governmental immunity under the first ground of the Hybrid Motion. Plaintiffs Pidgeon and Hicks bring suit under the Declaratory Judgment Act, asking this Court to declare that the mayor's directive of November 19, 2013, violated state law, and to declare further that the mayor and city officials have no authority to disregard state law merely because it conflicts with their personal beliefs of what the U.S. Constitution or federal law requires. See City of El Paso v. Heinrich, 284 S.W.3d 366, 37273 (Tex. To speak with a Municipal Courts representative, please dial 3-1-1 or 713.837.0311, if outside Houston city limits. 77251-1525 For Questions Call (713) 274-8585; To request copies to be sent via FAX, Email or Postal Mail please use our Copy . Appellants argue that if Obergefell and Pavan require Houston to pay equal spousal benefits to all married couples, the only way to reconcile these decisions with Texas Family Code 6.204(c)(2) is for the City to withdraw spousal benefits for all municipal employees. Our intermediate courts of appeals have repeatedly stated that it is not an ultra vires act for an official or agency to make an erroneous decision while staying within its authority As important as a mistake may be, sovereign immunity comes with a price; it often allows the improvident actions of the government to go unredressed. City of El Paso v. Heinrich, 284 S.W.3d 366, 37273 (Tex. Appellants' contention that the State can refuse to provide same-sex couples the same benefits as different-sex couples based on its interest in furthering procreation and child-rearing was rejected in Obergefell. You are urged to review the See McRaven, 508 S.W.3d at 243. When a plea to the jurisdiction challenges the existence of jurisdictional facts with supporting evidence, our standard of review mirrors that of a traditional summary judgment: we consider all of the evidence relevant to the jurisdictional issue in the light most favorable to the nonmovant to determine whether a genuine issue of material fact exists. (quoting Heinrich, 284 S.W.3d at 372). courts, city and . Box 1525 Houston, TX. 2015) (citing Miranda, 133 S.W.3d at 22728). See Tex. Conservation Comm'n v. ITDavy, 74 S.W.3d 849, 856 (Tex. 14-18-00340-CV, 2020 WL 1528047, at *4 (Tex. If the defendant establishes that the trial court lacks jurisdiction, the plaintiff is then required to show that there is a material fact question about jurisdiction. e. Appellants have not Pleaded and Cannot Establish that Either Mayor Parker or Mayor's Turner's Continuation of the Directive to Provide Spousal Employment Benefits to Same-Sex Spouses of City Employees is Without Legal Authority. See Blue, 34 S.W.3d 547, 556 (Tex. How long does it take to view e-filed documents on your website? The parties in DeLeon agreed that the injunction appealed was correct in light of Obergefell and on July 1, 2015, the Fifth Circuit affirmed the district court's preliminary injunction. How do you verify that the clerk got your e-filed pleading? In its order, the trial court stated: On June 30, 2017, the Texas Supreme Court remanded this case to the 310th Court for both parties to have a full and fair opportunity to litigate their legal positions in light of Obergefell. This court should employ a straightforward analysis explaining how the plaintiffs have not shown the trial court erred in dismissing all claims for lack of subject-matter jurisdiction based on governmental immunity, affirming only this ruling of the trial court, and vacating the trial court's rulings on the merits. In 2001, voters petitioned and approved an amendment to Article II of the Houston City Charter, which provides, in relevant part, as follows: Except as required by State or Federal law, the City of Houston shall not provide employment benefits, including health care, to persons other than employees, their legal spouses and dependent children. Supreme Court of Texas. Under the first two grounds of the Hybrid Motion, the City Parties would be entitled to a dismissal for lack of subject-matter jurisdiction. App.Houston [14th Dist.] 2584. Such use of CourtCaseFinder.com may subject you to civil and criminal litigation and penalties. Document Portal A temporary injunction's purpose is to preserve the status quo of the litigation's subject matter pending a trial on the merits. Consequently, appellants have no standing to pursue a claim for recoupment as that claim belongs to the City. The majority need not and should not include the obiter dicta contained in subsections c, d, e, and f of section IV. This case was filed in Harris County District Courts, Harris County District Courts located in Harris, Texas. (mem. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. All rights reserved. (b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage. Fax (936) 544-9523. Criminal Collections works as an agent to ensure timely payment of court costs, fines, and fees. Discretionary acts on the other hand require the exercise of judgment and personal deliberation. Emmett, 459 S.W.3d at 587. The information on this website is taken from records made available by state and local law enforcement departments, courts, city and town halls, and other public and private sources. 2675 (DOMA also brings financial harm to children of same-sex couples.). Appellants have not and cannot demonstrate any legal purpose that would be served by such a declaration. In 2005, after approval by the Texas Legislature and Texas voters, Article I of the Texas Constitution was revised to include the following amendments under Section 32: (a) Marriage in this state shall consist only of the union of one man and one woman. Cause Number. This is a comprehensive report on the work of the HCDCO, led by District Clerk Marilyn Burgess, and the services we have provided to the public and the legal community for the past two years. 2675. Civ. Pidgeon v. Turner, 538 S.W.3d 73 (Tex. You have the right to a trial by a jury and to be represented Houston, TX 77002, Free Wi-Fi now available at this location. Original music by Dan Powell and Marion Lozano . But, if Mayor Parker had the authority and discretion to determine whether federal law requires the City to afford same-sex spouses of City employees the same benefits as opposite-sex spouses, the exercise of this authority and discretion cannot be an ultra vires act, even if Mayor Parker made the wrong determination. 570 U.S. 744, 133 S.Ct. Fam. Baker v. Nelson must be and now is overruled, and the State laws challenged by Petitioners in these cases are now held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples. Obergefell, 576 U.S. at 675, 135 S.Ct. As Heinrich made clear, immunity for an ultra vires act is only a waiver with regard to bringing future acts into compliance with the law. City of Galveston v. CDM Smith, Inc., 470 S.W.3d 558, 569 (Tex. 2019). We view the evidence in the light most favorable to the trial court's decision. of the majority opinion.4 See Hillman, 579 S.W.3d at 359 n.5; In re Dow, 481 S.W.3d at 220. Based on advice of counsel, Mayor Parker decided that federal law required the City to afford same-sex spouses of City employees the same benefits as opposite-sex spouses. While the prior federal cases relied upon by the trial court focus on the equal protection and due process violations that would attend denying same-sex spouses access to city benefits, last year, in 2020, the U.S. Supreme Court provided an additional ground to hold that denying benefits to same-sex spouses of city employees would be improper: because it would likely violate the Civil Rights Act of 1964. See Williams v. Lara, 52 S.W.3d 171, 179 (Tex. See Heinrich, 284 S.W.3d at 370. The City of South Houston Courts accepts payments in: money order, cashier checks, debit card, credit card (Visa and MasterCard), NO personal checks. Court Suits, Driver Appellants fail to plead and prove that Mayor Parker acted outside of her legal authority. Disbursement Unit. The limitation of marriage to opposite-sex couples may long have seemed natural and just, but its inconsistency with the central meaning of the fundamental right to marry is now manifest. Crockett, Texas 75835. Sch. on the 20th day after the date you were served with the citation. v. Blue, 34 S.W.3d 547, 555 (Tex. You as the Petitioner must prepare the petition on your own or Failure to Plead or Prove Mayor Parker Acting Without Legal Authority in October 2014. Your private bonding company may also have information concerning surety bond conditions. Contact us. The Judge overseeing this case is MIKE ENGELHART. Suarez v. City of Tex. On 07/13/2021 MEADOWS, DRAKE filed a Labor - Other Labor lawsuit against CITY OF HOUSTON. Their demand for a claw back remedy was, therefore, properly dismissed. The County Clerk and the respective staff are not attorneys and cannot provide you with legal advice in the preparation and presentation of your case. be times when the information on this web site will not be current. In addition to being the EFM, EFileTexas.gov is also one of the certified EFSPs. Our caseload is composed of all Harris County cases (causes) heard in the Family Courts that establish paternity and order child support payments through the Texas Child Support Disbursement Unit. Civil/Family Post Trial See City of Fort Worth v. Rylie, 602 S.W.3d 459, 469 (Tex. Occupational Drivers License Information, Harris County Civil Courts at Law - First Emergency Order 3/20/2020, Joint Statement Regarding Health and Safety Concerns - 3/11/2020, Joint Statement Regarding Jury Trials and Hearings - 3/11/2020, Inclement Weather Emergency and Public Health Scheduling Procedures - 3/16/2020, Supreme Court of Texas - First Emergency Order 3/13/2020, Harris County Civil Courts at Law - Second Emergency Order - 4/24/2020, Instructions for Video Hearings and Trials - 4/6/2020, Joint Statement on Eviction Extensions - CARES ACT - 6/11/2020. Consequently, ultra vires suits do not attempt to exert control over the [governmental entity] they attempt to reassert the control of the [governmental entity] over one of its agents. Id. support to address all general child support concerns. & Rem. The week's trial dockets are available online in .pdf format. Appellants argue that spousal employment benefits are a taxpayer-funded gratuity that is entirely different from the licensing and recognition of marriage. In a decision dated June 30, 2017, the Texas Supreme Court reversed our decision, holding that the case should be remanded to the trial court so it could consider the impact of both Obergefell and DeLeon on appellants' claims. LLC, 585 S.W.3d 70, 76 (Tex. A group of former condominium owners brings this inverse-condemnation action against the City of Houston, alleging their property was taken when the city ordered residents to vacate the condominium complex. C.Appellants Failed to Establish Standing to Order the City and Mayor to Claw Back Any Public Funds Spent in the Past. Eviction Appeal Bond (Surety) The Court explained: Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. On February 18, 2019, the trial court granted Mayor Turner's and the City's plea to the jurisdiction and/or counter-motion for summary judgment, dismissing appellants' claims with prejudice. App.Dallas 2013, no pet.) Notice: Your use of CourtCaseFinder.com is conditioned on your full compliance with our Terms of Service and Privacy Policy. Process servers are not required to e-file. To the extent the court affirms the trial court's jurisdictional dismissal based on governmental immunity, I respectfully concur in the judgment only. On 03/07/2018 DINH, STEVEN filed a Personal Injury - Motor Vehicle lawsuit against CITY OF HOUSTON. Code Ann. For information on payment options either in person, by postal mail, fax or phone please see, File Personal Financial Statement and Lobbyist Registration. at 624-25. City of Houston Municipal Courts. The story of "Phantom of the Opera's" meteoric rise and bittersweet closing. The Houston Municipal Courts DOES NOT charge defendants to reset cases. SAT: 8:00 a.m. to 4:00 p.m. For general ticket and court information please dial 3-1-1 or 713.837.0311. Produced by Sydney Harper and Eric Krupke. Further, at the time suit was filed, the City of Houston was specifically enjoined from discontinuing the spousal benefits appellants challenge here. It includes important statistical information on jury . In particular, the Court ruled that similar statutes in four other states, which defined marriage as a union between one man and one woman, were unconstitutional to the extent that they excluded same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples. Id. 2020, no pet.). art. at 66869, 135 S.Ct. See McRaven, 508 S.W.3d at 239. c. Alternatively, Mayor Parker's Interpretation of Extrinsic Law, Even if Mistaken, is not Ultra vires. The Appellants are entitled to an injunction requiring the Defendants to claw back public funds that they previously spent in violation of section 6.204(c)(2), VIII. Clear Filters. Corp., 197 S.W.3d at 374); Miranda, 133 S.W.3d at 22526. 2019); Curry v. Harris County Appraisal Dist., 434 S.W.3d 815, 820 (Tex. 2584. Prac. See Chambers-Liberty Cntys. v. Sykes, 136 S.W.3d 635, 638 (Tex. 1st Floor Houston, TX 77002. Thus, appellants lacked standing, as taxpayers, to challenge Mayor Parker's legal actions at the time suit was filed. We reject appellants' attempts to recharacterize their claims as constitutional challenges to existing legislative acts to save those claims from the City's immunity bar. 1441(a). * A late filing drop box is located on the outside wall (to the left of the front entrance) of the County Civil Courthouse Building. See Town of Shady Shores v. Swanson, 590 S.W.3d 544, 550 (Tex. Thus, the trial court implicitly based the order on each ground stated in the Hybrid Motion, dismissing for lack of jurisdiction based on the first two grounds and dismissing on the merits based on the third and fourth grounds. Although the UDJA itself waives a city's immunity for claims challenging the validity of its ordinance[s] or franchise[s], appellants assert no such claims in this case. Electronic (non-certified) - $1.00 for up to 10 pages and .10 cents per page for each page over 10 pages, per document, Electronic (certified) - $1.00 for up to 10 pages and .10 cents per page for each page over 10 pages and a certification fee of $5.00, per document. The Houston-Harris County Emergency Rental Assistance Program, administered by Catholic Charities, BakerRipley, and the Alliance, is available to renters within Harris County or the City of Houston with active eviction cases or who have received written notice to vacate from their landlord. The law of the case doctrine is defined as that principle under which questions of law decided on appeal to a court of last resort will govern the case throughout its subsequent stages. Loram Maint. & Rem. We take judicial notice that after Obergefell was decided, on July 1, 2015, the Fifth Circuit upheld a lower court's ruling enjoining the State from enforcing the provisions in the Texas Constitution and the Family Code, or any other laws or regulations, that prohibit a person from marrying another person of the same sex or recognizing same-sex marriage. De Leon v. Abbott, 791 F.3d 619, 62425 (5th Cir. 5. 2011); see also Tex. at 22728. provider (EFSP). On that same day, Mayor Turner and the City filed their plea to the jurisdiction and/or counter motion for summary judgment. Edited by Anita Badejo and Marc Georges. See Curry, 434 S.W.3d at 820. Alternatively, appellants lack standing as taxpayers to seek claw back of public funds already spent. Public Datasets This section Id. County Justice Courts. Additionally, although not binding, but offering persuasive authority, the State of Texas was appealing an injunction enjoining the State from enforcing Article I, Section 32 of the Texas Constitution, any related provisions in the Texas Family Code, and any other laws or regulations prohibiting a person from marrying another person of the same sex or recognizing same-sex marriage. DeLeon v. Perry, 975 F. Supp.2d 632, 666 (W.D. The Petition for an Occupational License is not provided by the Harris County Clerks Office. Please visit our e-File FAQs page, which includes state and Harris County e-Filing requirements, updates, and news; common reasons why files are returned; as well as a list of contacts for filers requiring assistance. Houston, TX 77002 2013, pet. Appellants filed a petition for review with the Texas Supreme Court, which was granted.5. Defendant: Ivan Castaon doing business as Elite Plumbing and Drain. at 243. While the appeal was under submission, in June 2015, the U.S. Supreme Court decided Obergefell v. Hodges, 576 U.S. 644, 135 S.Ct. Further, while the State might be able to condition certain benefits on Medicare eligibility or tobacco use without running afoul of Obergefell, it may not condition those benefits on whether the marriage is between a same-sex or different-sex couple. Visit our (Central Municipal Courts Building) 2018, 56 L.Ed.2d 611 (1978)). MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY , Click graphic above for Municipal Courts Weddings info, Click graphic above for Safe Harbor Court info, Click graphic above for Passport Application info, Click graphic above for Veterans Court info, Herbert W. Gee Municipal Courthouse We are still actively accepting mail and eFilings for the County Civil Courts through existing service providers. 2510, 125 L.Ed.2d 74 (1993) (explaining a decision extending the benefit of the judgment to the winning party is to be applied to other litigants whose cases were not final at the time of the first decision whether such event predate or postdate our announcement of the decision) (quotation and alteration omitted). Yet by virtue of their exclusion from that institution, same-sex couples are denied the constellation of benefits that the States have linked to marriage. orders and the emancipation of minors. The standard for an ultra vires act is whether it was done without legal authority, not whether it was correct. confirmation will include the date and time the County Clerk considers the document to have been filed. On July 28, 2015, our court, in a per curiam opinion, reversed the trial court's temporary injunction and remanded for proceedings consistent with Obergefell and De Leon. Payments by mail made payable to City of South Houston Courtmail to: - Manage notification subscriptions, save form progress and more. 2584. Rules and guidelines on how to handle any of your court business, including instructions on how to reset and pay for your case (s), as well as downloadable forms, are available at no charge on our website. To e-file through the State of Texas electronic portal EFileTexas.gov, you must first select an electronic filing service An ultra vires claim against a government officialthat is, a suit against a government official for acting outside his or her authority and seeking to require the official to comply with statutory or constitutional provisionsis not barred by immunity. Baker v. Nelson, 291 Minn. 310, 313, 191 N.W.2d 185, 187 (1971), appeal dismissed, 409 U.S. 810, 93 S.Ct. Search by: Name; Case Number; Address; Phone; Email; First Name: Start Here. The UDJA does not provide a separate basis for standing since it is merely a procedural device for deciding cases already within a court's jurisdiction. Tex. (832) 927-5800 Houston Municipal Court Records Lookup. 239, 248 S.W.2d 460, 464 (1952) (It is settled law that a court will not decide disputed ultimate fact issues in a hearing on an application for a temporary injunction; nor will a temporary injunction issue if the applicant would thereby obtain substantially all the relief which is properly obtainable in a final hearing.). Our Terms of Service prohibit the use of CourtCaseFinder.com to determine an individual's eligibility for personal credit or employment, tenant screening, or other business transactions, or for any unlawful purposes such as stalking or harassing others. Wash. DC Party Shuttle, LLC v. IGuide Tours, 406 S.W.3d 723, 740 (Tex. The department is responsible for maintaining the filed records for each Probate Court case. is due. 2584. A quick reference guide on how to electronically file documents, The Supreme Court of Texas mandate on electronic filing, Judicial Committee on Information Technology E-Filing Technology Standards. A cause of action to recover public funds improperly or illegally spent belongs exclusively to the governmental entity that spent them. Question. Whether the Mayor or City arguably violated state or local law in providing spousal benefits to same-sex spouses also is legally irrelevant if those laws were unconstitutional and unenforceable under Windsor, De Leon, or later Obergefell, Pavan, and Bostock as well as the United States Constitution. Governmental immunity deprives a trial court of subject matter jurisdiction and is properly asserted in a plea to the jurisdiction. Indeed, appellants have not pleaded any imminent consequence that will flow from the City's continued provision of spousal benefits to same-sex spouses. 3099, 87 L.Ed.2d 114 (1985) (quoting Monell v. Dep't of Soc. Issuing and recording citations, notices, executions, abstracts, garnishments, writs or any other process . Because an ultra vires suit is, for all practical purposes, a suit against the governmental entity, relief is limited. The purpose of a temporary injunction is to preserve the status quo pending a trial on the merits. & Rem. 2584. In Bostock, the Court reviewed three cases challenging the employment termination of individuals based upon their sexual orientation or gender identity and held that such terminations violated Title VII of the Civil Rights Act. In the Hybrid Motion, the City Parties argued that this decision was a discretionary act within Mayor Parker's powers as mayor of Houston, including her powers under article VI, section 7a of the Houston City Charter. Case Summary. The decision to grant or deny a temporary injunction lies in the sound discretion of the trial court, and the court's grant or denial is subject to reversal only for a clear abuse of that discretion. Case Summary. Probate Court Records. Section 6.204(b) declares void a marriage or a civil union of persons of the same sex. 2006) (quoting Hudson v. Wakefield, 711 S.W.2d 628, 630 (Tex. Instead of affirming the entire order granting the Hybrid Motion, this court should affirm the part of the order in which the trial court dismisses all claims for lack of jurisdiction based on governmental immunity and vacate the part of the order in which the trial court dismisses the claims on the merits. We are no longer able to accept online payments at this time. The We're sorry for the inconvenience but Javascript is required The Judge overseeing this case is URSULA A. See 570 U.S. at 77475, 133 S.Ct. the Harris County Justice Courts are not allowed to give legal advice. Additionally, appellants provide no basis to strip spousal benefits from all employees of the City. The religious liberty protections Obergefell and DeLeon reinforce the safeguard against compelling taxpayers to fund same sex relationships, V. Defendants miss the point by arguing about access and recognition rather than addressing the exact statute that protects taxpayers, VI. As such, there was no basis for ordering the declarations appellants seek. 1400 Lubbock Street 2004). All fines are subject to change without notice. Data Extracts for Criminal and Traffic Cases Criminal and Traffic Cases Filed Criminal and Traffic Cases Set Criminal and Traffic Cases Disposed Driver Safety Course Applications Accepted (and Court Costs Paid) Data Extracts for Civil Cases Includes Small Claims Cases, Eviction Cases, and Justice Court Suits Civil Cases Filed Civil Cases Set 2017, no pet. If you are having difficulty satisfying your court ordered judgment, please come in and speak with an Annex Court Judge at any of our court locations. When this suit was filed in October 2014, provision of same-sex benefits pursuant to Mayor Parker's directive was mandated by the Freeman injunction. App.Houston [14th Dist.] In 1972, the U.S. Supreme Court summarily dismissed for want of substantial federal question an appeal from a Minnesota Supreme Court decision finding no right to same-sex marriage as violative of due process and equal protection rights under the Fourteenth Amendment. You further agree not to use the information provided for any unlawful purposes and you understand that we cannot confirm that information provided below is accurate or complete. If I am sued in the County Civil Court at Law, what should I do? Ticket Reply Form, Plea Be sure and check your City of Houston traffic ticket. 2584 ([T]he States are in general free to vary the benefits they confer on all married couples). As County Clerk, it is my goal to provide the residents of Harris County with quality customer service. The Judge overseeing this case is MICHAEL LANDRUM. How do you handle emergency filings such as TROs? The Harris County Civil Courts at Law and the Clerks of the Harris County Civil Courts at Law are not allowed to give legal advice. 1201 Franklin, Suite 1016 How do I file a petition for Occupational Drivers License? Also, see the State Rules for Electronic Filing for additional details. Mayor Turner is shielded from suit and liability by governmental immunity unless appellants can demonstrate immunity has been waived.

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