Baker v. Nelson, 291 Minn. 310, 313, 191 N.W.2d 185, 187 (1971), appeal dismissed, 409 U.S. 810, 93 S.Ct. See Blue, 34 S.W.3d 547, 556 (Tex. (We review a trial court's decision to grant or deny a permanent injunction for an abuse of discretion.). Clear Filters. As such, there was no basis for ordering the declarations appellants seek. 2010) ([W]hen the validity of ordinances or statutes is challenged, the [U]DJA waives immunity to the extent it requires relevant governmental entities be made parties.) (emphasis in original); City of McKinney v. Hank's Rest. App.Austin 2010, no pet.). 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. County Civil Courts. Disbursement Unit. The Harris County Justices of the Peace and the Clerks of the Harris County Justice Courts are not allowed to give legal advice. See Windsor v. United States, 699 F.3d 169, 17879 (2d Cir. The UDJA does not enlarge a trial court's jurisdiction, and a party's request for declaratory relief does not alter the suit's underlying nature. 37, 34 L.Ed.2d 65 (1972), overruled by Obergefell, 576 U.S. at 675, 135 S.Ct. Appellants assert ultra vires claims against Mayor Turner for violating Tex. Purpose of Preserving Status Quo not Met. Contact us. 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. This section is responsible 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. 2584. The only bases for avoiding governmental immunity from suit that the Pidgeon Parties have asserted are (1) the waiver of immunity contained in the Texas Declaratory Judgments Act, and (2) their alleged ultra vires claim against the Mayor. Pro Se filers may also file electronically for an additional fee. Jurisdiction is determined at the time suit is filed in the trial court. The Judge overseeing this case is MICHAEL LANDRUM. How long does it take to view e-filed documents on your website? April 27, 2023, 6:00 a.m. The Harris County Justices of the Peace and the Clerks of In Obergefell, the court concluded that excluding same-sex couples from the protections of marriage would hinder a state's interest in childrearing, procreation, and education. 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. Prac. 2. of the majority opinion1 or in section IV.C. You have the right to a trial by a jury and to be represented by an attorney of your choice, or to represent yourself. Const. the Harris County Justice Courts are not allowed to give legal advice. The Houston Municipal Courts DOES NOT charge defendants to reset cases. Under these circumstances, Mayor Parker's actions in October 2014continuing to provide spousal benefits to all spouses of city employees on an equal basiswere authorized and, thus, not ultra vires. The Mission of the Municipal Courts Department is to provide an accessible legal forum for individuals to have their court matters heard in a fair and efficient manner, while providing a high level of integrity, professionalism and customer service. How do I contact a city/county department? The Court recognized that the federal DOMA depart[ed] from [a] history and tradition of reliance on state law to define marriage. Id. The Court further expounded that the create[ion of] two contradictory marriage regimes within the same State impermissibly place[d] same-sex couples in an unstable position of being in a second-tier marriage and wr[o]te[] inequality into the entire United States Code. Id. These confirmations will come through EFileTexas.gov or the EFSP. Please note, the District Clerks Office will no longer accept Cash Bond Assignments, in compliance with the Office of Attorney General Opinion #GA-0773. for the court clerks can be found on the County Clerk web site under the County Civil Courts tab. The above analysis alone suffices to explain why the trial court's jurisdictional dismissal based on governmental immunity should be affirmed. To speak with a Municipal Courts representative, please dial 3-1-1 or 713.837.0311, if outside Houston city limits. 2015, pet. You as the Petitioner must prepare the petition on your own or v. Sefzik, 355 S.W.3d 618, 622 (Tex. See Heinrich, 284 S.W.3d at 373 n.6; see also Tex. 2584 (Without the recognition, stability, and predictability marriage offers, their children suffer the stigma of knowing their families are somehow lesser The marriage laws at issue here thus harm and humiliate the children of same-sex couples.); see also Windsor, 570 U.S. at 773, 133 S.Ct. Appellants Jack Pidgeon and Larry Hicks (collectively, the Pidgeon Parties) sued appellee Sylvester Turner, in his official capacity as the Mayor of the City of Houston (the Mayor) and appellee City of Houston (the City).
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