Tuesday, March 07, 2006

The Texas Supreme Court issued three new opinions this week:

  • In Marshall v. Housing Authority of San Antonio, the Court addressed the issues of whether a tenant may appeal from an adverse judgment in a forcible detainer action without posting a supersedeas bond, and whether a forcible detainer action is moot when the tenant is no longer in possession of the premises and her lease has expired. A Justice Johnson opinion answered both questions in the affirmative
  • In City of White Settlement, Texas v. Super Wash, Inc., the Court addressed whether a car wash business can estop the City of White Settlement from enforcing an ordinance that requires the car wash business to maintain a continuous fence along one side of its property. A Chief Justice Jefferson opinion concluded that the City, under the circumstances present in this particular case, could not be estopped from enforcing its zoning ordinance.
  • In In re Dillard Department Stores, Inc., the Court addressed whether to compel arbitration in a dispute between a retailer and an at-will employee. In this per curiam opinion, the Court found that the trial court abused its discretion in denying the retailer’s motion to compel arbitration.