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. Appellants have not and cannot demonstrate any legal purpose that would be served by such a declaration. 2019); Curry v. Harris County Appraisal Dist., 434 S.W.3d 815, 820 (Tex. What is the amount I can sue for in County Civil Court at Law? If the document was rejected, the filer will Just as Harris v. McRae rejected demands for compelling taxpayer-funded abortion, courts should reject attempts to compel taxpayer funding of same-sex relationship, IV. What are the main causes for rejection for e-filings? at 66869, 135 S.Ct. See Bostock v. Clayton Cnty., Ga., U.S. , 140 S. Ct. 1731, 1737, 207 L.Ed.2d 218 (2020). Code Ann. Form for Criminal Cases, Homepage App.Houston [14th Dist.] Appellants, who identify themselves as Houston residents and taxpayers, oppose Mayor Parker's directive and seek to enjoin Mayor Turner and the City from continuing to spend public funds for the extension of benefits to same-sex spouses of city employees by claiming those benefits violate state and city DOMAs contained in the Texas Constitution, Texas Family Code, and Houston City Charter.4 Appellants also seek an injunction to claw back taxpayer money that Mayor Parker and other city officials allegedly have unlawfully spent on same-sex spousal benefits of city employees. The majority need not and should not include the obiter dicta contained in subsections c, d, e, and f of section IV. You are entitled to a jury trial if you file a written request with the court no later than 30 days before the date a case is set for trial. At the Criminal Justice Center at 1201 Franklin, First Floor, Suite 1026. 2. See Parker v. Pidgeon, 477 S.W.3d 353, 355 (Tex. For UPDATES on current eviction cases during the COVID-19 crisis, please see the main page on this website. To provide feedback regarding the officer who issued your citation, contact: Other Available Options 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. 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. 2675. A Petition is a legal pleading that initiates a case. This case was filed in Harris County District Courts, Harris County District Courts located in Harris, Texas. 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. This is a final order. Aug. 29, 2014) (Lake, J.) 2584. 401 East Houston Avenue. In October 2014, the precedential value of Baker was being called into doubt due to the doctrinal developments in the Supreme Court's equal protection jurisprudence in the forty years after Baker. App.Houston [14th Dist.] This case was filed in Harris County District Courts, Harris County District Courts located in Harris, Texas. Box 1525, Houston, TX 77251-1525. Traffic offenses, generally, are punishable by a fine of not more than $200.00 and all costs of court. See Heinrich, 284 S.W.3d at 380. Because the challenged directive in this case is not a legislative pronouncement, the waiver of immunity under the Texas Declaratory Judgments Act does not apply to the Pidgeon Parties' claims. art. Air Control Bd., 852 S.W.2d 440, 444 (Tex. Filed: April 26, 2023 as 3:2023cv00885. As set forth above, Mayor Parker exercised her discretion to follow the city attorney's legal advice. 2675 (DOMA also brings financial harm to children of same-sex couples.). No Personal Checks will be accepted through the mail. out-of-county family transfers for filings in Harris County. as a result of errors, omissions or discrepancies. In some instances the cases are referred County Justice Courts. 2012). In 2015, the U.S. Supreme Court concluded that the state DOMAs at issue violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment and, based on that conclusion, the Court held states may not exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples and may not refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character. Obergefell v. Hodges, 576 U.S. 644, 675, 681, 135 S.Ct. Although appellants argue that we should apply these decisions retroactively, we decline to do so because appellants' contention is inconsistent with our requirement under the law to apply U.S. Supreme Court precedent to cases pending on appeal. (mem. App.Houston [14th Dist.] Defendant: Ivan Castaon doing business as Elite Plumbing and Drain. Questions regarding case requirements or documents needed should denied). 2001); see also Town of Flower Mound v. Sanford, No. 12. Const. Criminal Collections works as an agent to ensure timely payment of court costs, fines, and fees. 1201 Franklin, Suite 1016 Occupational License during the period of suspension in the State of Texas. Failure to Plead or Prove Mayor Parker Acting Without Legal Authority in October 2014. Because appellants' attempt to prevent the City from offering employment benefits to married same-sex couples on the same terms and conditions as married different-sex couples cannot be reconciled with the requirements of the U.S. Constitution; we reject it. In this interlocutory appeal, the City of Houston appeals the trial court's order denying the City's motion for summary judgment based on lack of jurisdiction. As applied to this case, the Texas Supreme Court reaffirmed this principle of law stating that, unlike the Mayor the City is not a proper party to an ultra-vires claim. Pidgeon v. Turner, 538 S.W.3d at 88 (citing Heinrich, 284 S.W.3d at 37273). See Okpere v. National Oilwell Varco, L.P., 524 S.W.3d 818, 824 (Tex. back to the family district courts. 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. Id. District Court Records Harris County District Clerk- Civil, Criminal, and Family Justice of the Peace Records Harris County Justice of the Peace- Civil and Criminal (All 16 Justice Courts) Records Quick Links Harris County Archives Harris County Records and Information Management Plan Harris County Records Control Schedule See De Leon, 975 F. Supp. If a court determines that it lacks subject-matter jurisdiction over claims, the court cannot rule on the merits of the claims and must dismiss the claims for lack of subject-matter jurisdiction, or, if possible, the court may transfer the claims to a court that has subject-matter jurisdiction over the claims. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. B. Appellants have not pleaded that they will suffer a probable, irreparable injury or any imminent harm. For more information contact the Public Records Department at 713-274-6390 or email ccoinfoFM@hccountyclerk.com. We affirm the trial court's order. courts, city and . If, on the other hand, the evidence is undisputed or fails to raise a question of fact, the plea to the jurisdiction must be determined as a matter of law. Frequently Asked Questions App.Houston [14th Dist.] The We take as true all evidence favorable to the nonmovant and we indulge every reasonable inference and resolve any doubts in the nonmovant's favor. As County Clerk, it is my goal to provide the residents of Harris County with quality customer service. While the [U]DJA waives sovereign immunity for certain claims, it is not a general waiver of sovereign immunity. Id. In this case, appellants argue that Mayor Turner is not immune from suit under the first circumstance. DUE TO COVID-19, MANY OF YOU ARE PART OF THE VULNERABLE POPULATION, ESPECIALLY IF YOU ARE OLDER THAN 65 YEARS OF AGE, SUFFERING WITH UNDERLYING HEALTH CONDITIONS, SUCH AS HIGH BLOOD PRESSURE, CHRONIC LUNG DISEASE, DIABETES, OBESITY, ASTHMA, OR WHOSE IMMUNE SYSTEM IS COMPROMISED DUE CHEMOTHERAPY FOR CANCER OR ANY OTHER CONDITION REQUIRING SUCH THERAPY. The Court explained: Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. Same-sex couples are consigned to an instability many opposite-sex couples would deem intolerable in their own lives. Last week, a 21-year-old airman from Massachusetts, Jack Teixeira, was arrested under the Espionage Act and charged with violating federal laws by sharing top secret military documents with an . Save time- Request your driver record To the extent this court affirms the trial court's rulings on the merits, I respectfully dissent. 1st Floor Houston, TX 77002. Thus, appellants lacked standing, as taxpayers, to challenge Mayor Parker's legal actions at the time suit was filed. To see the most current list of EFSP's go to www.EFileTexas.gov. On that same day, Mayor Turner and the City filed their plea to the jurisdiction and/or counter motion for summary judgment. 2017). See 573 U.S. 682, 134 S.Ct. 2584 ([T]he States are in general free to vary the benefits they confer on all married couples). dism'd). Appellants, in their amended petition, request declarations to address violations of state law;12 none challenge a statute or ordinance. Mayor Parker's discretionary act, made on advice of the city attorney, was not legislative, and thus does not represent a municipal ordinance or franchise, nor a statute, and, thus, is not subject to Section 37.006(b). 1. See Hall v. McRaven, 508 S.W.3d 232, 24243 (Tex. 2004). You as the Petitioner must prepare the petition on your own or Probable Cause Court hearings are held via teleconference 24 hours a day, 7 days a week, and they are open to the public. The city attorney issued a legal opinion finding the continued application of Article II, Section 22 of the Houston City Charter to deny benefits to legally married same-sex spouses to be unconstitutional, primarily because it denies the employees of such spouses equal protection of the laws.. The County Clerk's Office records and maintains the records of Commissioners Court, the Probate Courts, and the County Civil Courts at Law. Status. This information is not a comprehensive Even at the time Mayor Parker issued her directive, it is undisputed that she consulted the city attorney, who interpreted Windsor to require the City to afford benefits to same-sex spouses. 2019, pet. of the majority opinion.2 Because the trial court correctly determined that it lacked subject-matter jurisdiction based on governmental immunity and because this court agrees with this determination, this court has no jurisdiction to adjudicate the merits of the Pidgeon Parties' claims, and this court should not address the merits grounds in the Hybrid Motion, as the court does in section IV. 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. See IT-Davy, 74 S.W.3d at 855 (the UDJA does not extend a trial court's jurisdiction, and a litigant's request for declaratory relief does not confer jurisdiction on a court or change a suit's underlying nature.). The Court reiterated its holding that Obergefell proscribes such disparate treatment. Id. Edited by Paige Cowett. 2017). h.) (Accordingly, it follows that under Pavan, we are to give effect to the ancillary benefits of a same-sex marriage, including [application of the marital presumption equally to] the non-gestational spouse of a child born to the marriage.). See id. 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. Code 37.002(b). ), cert. Petition for Eviction Based on Non-Payment of Rent Family Courts decide on matters and render judgments relating See Chambers-Liberty Cntys. App.Houston [14th Dist.] applicable laws and to consult an attorney of your choice for further information or answers to specific legal questions. Corp. v. Port of Houston Auth. One method to waive immunity as ultra vires is to plead and prove that the government official failed to perform a purely ministerial act. Heinrich, 284 S.W.3d at 372.