Municipal Law

MESSER, CAMPBELL & BRADY, LLP has extensive experience providing legal services to public clients. Few firms in the North Texas area can match the level of municipal representation experience that the Messer, Campbell & Brady, LLP enjoys.  We serve numerous municipal clients on a wide scope of issues, ranging from civil rights litigation to land use planning to general counsel services. Multiple public entities, insurers, and risk pools trust the firm for their day-to-day legal matters that require counsel with specialized legal experience.  The firm's principal has earned a state-wide reputation as a leader in municipal law, and focuses much of the firm's practice on municipal law.




Dismissals and Victories:


DISMISSALS

Kay Minter, Individually, and as representative of the Estate of Price Gassaway Minter, Deceased vs. The County of Hopkins, Texas, Kansas City Southern Railway Company and Danny C. Sanders, Cause No. CV35613, 62rd JDC, Hopkins County, Texas (driver distracted by smoke from county workers burning brush, drove across railroad tracks and was killed by a train)

Tracy Cooper vs. Denton Housing Authority, The City of Denton and Denton County, Texas, Cause No. GC-2004-00583, County Court at Law #2, Denton County, Texas (premise liability claim)

Billy Jason Chandler vs. Barbara Quin Kizer and Denton Central Appraisal District, Cause No. 2004-50072-367, 367th JDC, Denton County, Texas (automobile accident)

Eastepp Enterprises Inc. v. City of Lewisville, Cause No. 2002-50227-367, 367th JDC, Denton County (suit for trespass to try title and improper platting )

Ana Lilia Sanchez v. City of Grand Prairie, Cause No. 02-11263-K, 192nd JDC, Dallas County (malfunctioning traffic signal causing vehicular accident when city employee was working on the traffic lights at time of the accident )

Olga Bunch v. City of Watauga, et al. Cause No. 352-196668-02, 352nd JDC, Tarrant County (premise liability claim )

Kevin Church, et al v. City of Richardson, et al, Cause No. 01-02380-L, 193rd JDC, Dallas County (stage collapsed at 2001 City WildFlower Festival severely injuring 5 stage hands setting up lights, and causing significant property damages. One plaintiff claimed $1M + in damages, and the workers compensation lien was $330,000. Court found the WildFlower Festival was a governmental (not a proprietary) function, and granted plea to the jurisdiction and summary judgment for the City )

Suzanne Gaberino v. City of Grand Prairie; Cause No. 02-1189-M, 298th JDC, Dallas County, Texas (declaratory judgment action for taking of bond proceeds )

Carol Williams v. City of Allen; Cause No. S-1478-02; County Court of Law Number Five, Collin County, Texas (sewer nuisance and taking claim )

Richard Allen v. City of Mesquite; Cause No. 02-5985-C; 60th JDC, Dallas County, Texas (appeal of board of adjustment decision denying plaintiff's request for an oversized accessory building )

Gary Bennett, et al v. City of White Settlement; Cause No. 141-186051-01, 161st JDC (nuisance, taking, and tort claims when City failed to remediate creek, causing flooding to over 100 citizens )

Jack Vaught v. City of Longview; Cause No. 2000-1048-CC, County Court at Law, Gregg County, Texas (sewer backup nuisance and taking claim )

Jerry Marshall v. City of Grand Prairie; Cause No. 02-01997-M, 298th JDC, Dallas County, Texas (Libel, slander and other intentional torts in allegedly destroying a contractor's reputation )

Gerald Nichols v. City of Grand Prairie; Cause No. 02-12660-01, County Court at Law Number One, Dallas County, Texas (wrongful arrest )

Clovis Stephenson v. City of Grand Prairie; Cause No. 02-10225, 298th JDC, Dallas County, Texas (nuisance and taking claim )

Delecia Anderson, individually, and as surviving spouse of and community survivor of Maurice Nunley, deceased, and on behalf of the estate of Maurice Nunley vs. City of Cedar Hill, et al, 193rd JDC, Dallas County (wrongful death and survival action in police pursuit with speeds reaching 100+ mph )

Satterfield & Pontikes v. Irving ISD, Cause No. 02-09368-A, 14th JDC, Dallas County, Texas (breach of contract and quantum meruit for delay damages of 1.3 million dollars in building a middle school )

Edmond Perona et al v. City of Farmers Branch, No. 02-09692, 95th JDC, Dallas County, Texas (breach of restaurant lease )

Elmer Eugene Boyett, individually and as representative of the Estate of Connie Smallwood Boyett, et al v. Mark Anthony Ramirez, City of Wylie, et al, No. 366-1995-00, 366th JDC, Collin County, Texas (wrongful death claim after a car accident involving alleged failure to install traffic control devices ).

Truman Bradshaw et ux v. Town of Edgecliff Village, et al, No. 348-181693, 348th JDC, Tarrant County, Texas (premise liability claim dismissed for discovery abuse )

Ronald McClain v. City of Caddo Mills, No. 60, 546, 196th JDC, Hunt County, Texas (plaintiff drove into back of city backhoe parked over street construction )

Rene Taylor, individually and on behalf of the Estate of Michael Taylor v. State of Texas, City of Allen, et al, No. 380-1910-99, 380th JDC, Collin County, Texas (wrongful death claim after car accident in construction site )

Terry Litchford v. Collin County, No. 4:99cv168, U.S. District Court, Eastern District of Texas, Sherman Division (ADA claim by former county employee )

Curtis Baggett v. Bob Bell, No. 99-37145-saf-7, Adversary No. 99-3467, U. S. Bankruptcy Court, Northern District of Texas, Dallas Division (alleged wrongful eviction and violation of bankruptcy automatic stay against Collin County Constable )

Thomas Scott Freeman, individually and on behalf of Scotti Raeann Freeman v. Anderson News, v. State of Texas and City of Flower Mound, No. 048-178073-99, 48th JDC, Tarrant County, Texas (wrongful death claim after a car accident )

Thurma Juge v. Dallas Housing Authority, et al, No. 3-99-CV-1248-D, U.S. District Court, Northern District of Texas, Dallas Division (alleged civil rights violations by tenant of the housing authority )

Alana McGee, individually and as personal representative of the Estate of Joyce Maddox, et al v. TxDOT, City of Maypearl, City of Waxahachie, et al, No. 58813, Ellis County, Texas (wrongful death claim after a car accident )

Nathan Wood, by and through Julie Wood, individually and as next friend v. City of Gordon, No. 37124, Palo Pinto County, Texas (attractive nuisance claim where 8 year old child broke both legs at city bridge construction site )

Fay Stover v. City of Waxahachie, et al, No. 57999, 40th JDC, Ellis County, Texas (car accident allegedly caused by defective traffic control device )

Naomi Adair v. City of Cleburne, et al, No. 146-98, 18th JDC, Johnson County, Texas (claim for improper road design and improper sign placement, causing wrongful death in a car accident)

Shirley Bartek v. City of Sunnyvale, No. 97-11209-G; 134th JDC, Dallas County, Texas (premise liability claim where plaintiff slipped and fell on ice at city hall steps, breaking her leg in 3 places)

Edward Mehlhaff et ux v. Town of Double Oak, No. 98-50832-367, 367th JDC, Denton County, Texas (DTPA and breach of warranties claim for improper platting and drainage on plaintiffs' residence)

Walter Bensch v. Penelope Mattos, Detective Charles Casillas, Sgt. Pat Yates, Lt. Richard Ulrich, Major Roy Don Wynn, Police Chief Curtis Harrellson, City Manager, Jim Berzina, and City Council for the City of Wichita Falls, and the City of Wichita Falls; No. 7:96-085-X; U.S. District Court, Northern District of Texas, Wichita Falls Division ($24,000,000 claim by deputy sheriff against the command staff at the police department and policymakers of the city for claims of illegal arrest, illegal search and RICO violations during investigation and arrest on sexual abuse charges. Arrest warrant was dismissed by issuing justice of the peace after finding false statements within affidavit. Grand Jury failed to return indictment against deputy sheriff )

John Offutt v. City of Wichita Falls, Wichita County, State of Texas, et al; No. 7:95-CV-092-X; U.S. District Court, Northern District of Texas, Wichita Falls Division ($10,000,000 civil rights and conspiracy action by inmate for failure to control violence and segregate misdemeanor inmates from felony inmates in jail. The inmate was a former skinhead who had his face broken by 3 black gang members in the same cell )

Orlando Eugene Taylor v. City of Wichita Falls Police Dept., et al.; No. 7:97-CV-124-BE; U.S. District Court, Northern District of Texas, Wichita Falls Division (Title VII case of racial discrimination by a Wichita Falls police officer who resigned in lieu of facing sexual advance complaints made by Internal Affairs by two women. Dismissed when the plaintiff was confronted by the affidavit of a prostitute testifying to sex acts while the plaintiff was on duty as an officer )

Local Lodge 2771 v. City of Wichita Falls, and United States of America, et al.; No. 7:97-CV-085-X and No. 147,761-C; U.S. District, Northern District of Texas, Wichita Falls Division, and 89th JDC, Wichita County, Texas (parallel federal and state actions by local chapter of AFL-CIO at Sheppard Air Force Base seeking injunctive relief against city police from interfering with picketing )

Bobby Charles Straub v. Wichita Falls Police Department; No. 7:96-CV-31-X; U. S. District Court, Northern District of Texas, Wichita Falls Division (civil rights action for use of excessive force when Straub's hip was broken while effecting his arrest)

Sylvia Dennis et al. v. Housing Authority of Wichita Falls, the City of Wichita Falls and the Wichita Falls Fire Dept., No. 146,522-B; 78th JDC, Wichita County, Texas (wrongful death action on behalf of father and daughter consumed in a fire )

Michael Gowan v. City of Wichita Falls, Police Chief Curtis Harrellson, and Detective Wm. Pruitt and Ken Coughlin; No. 7:95-CV-073-X; U.S. District Court, Northern District of Texas, Wichita Falls Division (civil rights action by a suspected serial rapist for submitting a perjured arrest warrant leading to an illegal arrest and malicious prosecution )

William Steve McGrew v. City of Wichita Falls, and Detectives Norman Walker and David Hoard; No. 7:93-CV-039-X; U.S. District Court, Northern District of Texas, Wichita Falls Division (excessive force and illegal arrest claims against police officers during felony stop for aggravated robbery )

Reza Vafaiyan v. City of Wichita Falls, Wichita Falls City Council, and Code Enforcement Supervisor Jim King; No. 144,712-C; 89th JDC, Wichita Falls, Texas (case of first impression under LOC. GOV¿T. CODE ¿211 to review the city council's decision to demolish a residence; attorney's fees awarded to the city for defense of case )

Aubrey Harold Edleman v. City of Wichita Falls and the Wichita Falls Fire Dept., No. 7:97-CV-13-39KA; U.S. District Court, Northern District of Texas, Wichita Falls Division (claim of unreasonable search and seizure during fire investigation of a residence stemming from a 911 call by a neighbor )

Marsha Point v. City of Wichita Falls; No. 144,735-B; 78th JDC, Wichita County, Texas (claims of racial discrimination, negligent supervision, and wrongful retaliation under Workers Compensation A ct)

A P & C Development Corp. v. City of Wichita Falls; No. 143,129-C; 89th JDC, Wichita County, Texas (injunctive suit by property owner in city's extra-territorial jurisdiction claiming city arbitrarily refused access to water, thereby prohibiting development. Claim abated because of ripeness, then subsequently dismissed )

Larry Tompkins v. City of Wichita Falls, Wichita Falls City Council, Greg Humbach, Curtis Harrellson, Cary Allen, Jim Berzina, and Elaine Bourgoin; No. 7:95-CV-039-X; U.S. District Court, North District of Texas, Wichita Falls Division (claims of wrongful arrest and various state tort claims against the city, its city manager, city attorney, police chief, a police officer, and municipal court clerk. Dismissed based on plaintiff's discovery abuse )

Larry Tompkins v. City of Wichita Falls and Michael Fincannon; No. 7:97-CV-019-X; U.S. District Court, Norther District of Texas, Wichita Falls Division (claims of false arrest, false imprisonment, abuse of power, and racketeering )

Larry Tompkins v. City of Wichita Falls, Elwyn Ladd, and Two Unidentified Officers; No. 144,971-A; 30th JDC, Wichita County, Texas

Larry Tompkins v. City of Wichita Falls, William Harbin, and an Unidentified Shift Commander; No. 145,058-C; 89th JDC, Wichita County, Texas

Larry Tompkins v. City of Wichita Falls and J.T. Collins; No. 144,359-A; 30th JDC, Wichita County, Texas

Larry Tompkins v. City of Wichita Falls, William Neuberth and Eric Russell, No. 145,313-B; 78th JDC, Wichita Falls, Texas (series of lawsuits filed by same plaintiff against the city and many of its officers for numerous violations of his civil rights. Cases were consolidated and subsequently dismissed for plaintiff's discovery abuse )

Larry Roberson and Laticia Roberson v. City of Wichita Falls, No. 145,693-A; 30th JDC, Wichita County, Texas (head injury allegedly sustained during city bus accident )

Medrano Davis v.. Wichita Falls Police Dept., and Officers Timothy Josefy and Lee Robertson; No. 7-96:CV-054-X; U.S. District Court, Northern District of Texas, Wichita Falls Division (illegal arrest and excessive force claim against officers who made an arrest on top of a 50 foot water tower )

Freddie Castillo v. City of Wichita Falls, Police Chief Curtis Harrellson, and Officer Larry Robinett; No. CCL-747-89-E; County Court at Law No. 1, Wichita County, Texas (excessive force claim for testicular injury during detention and search for weapon )

Ricky Rachel v. City of Wichita Falls; No. CCL-348-94-E; County at Law No. 1, Wichita County, Texas (wrongful termination under Article 8307C of the Workers Compensation Act )

Norma Malaga, Gerald Malaga and the Estate of Kristopher Malaga, Deceased v. Primacare, Inc., Perry M. Beck, M.D., City of Garland and Grace Rutherford, R.N.; No. 93-9149; 44th JDC, Dallas County, Texas (medical malpractice and negligence claims under the Texas Tort Claims Act for failing to treat child subsequent to DTP vaccination resulting in child's death )

David Jeff Johnson v. City of Garland, et al; No. 93-CV-2467-R; U. S. District Court, Northern District of Texas, Dallas Division (upon criminal trial finding an arrestee not guilty of assaulting a police officer, arrestee sued for excessive force )

Keith Cutler v. City of Garland; No. 91-7253, County Court at Law No. 1, Dallas County, Texas (negligence action by mailman for failing to quarantine pit bull after attack )

James Mauer v. Police Officer J. Cox; No. 93:CV-304; U.S. District Court, Northern District of Texas, Dallas Division (excessive force claim during DWI arrest)

SETTLEMENTS

Joseph DeSisto and Ronald Sorenson v. City of Lavon and Police Chief Tim Hammond, No. 93-14009; 250th JDC, Travis County, Texas (Two former police officers made retaliation claims under Worker Compensation Act and received $1.2 million dollar judgment against city. Retained after judgment, obtained new trial setting aside judgment, and settled case for $30,000 )

Penny Sue Culwell v. City of Wichita Falls, Officer Dennis Keethler, and Denny's Restaurant, No. 146, 166; 78th JDC, Wichita County, Texas (wrongful arrest and excessive force claim settled for court costs, after dismissal of officer, and amendment of petition to delete civil rights claim and allege only an unconstitutional city smoking ordinance )

Joe Heddins v. City of Garland, Commercial Lloyds Insurance, et al; Cause No. 92-14563; 298th JDC, Dallas County, Texas (premises liability claim on a municipal golf course. Settled without any funding by the city except a fishing pole

 

 
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