law-exhaustion-of-administrative-remedies | tax protest appraisal appeals judicial review suit |
prerequisites to suit | initiation of internal grievance procedure Whistle Blower Act (WBA) | dismissal for
lack of jurisdiction
EXHAUSTION OF ADMINISTRATIVE REMEDIES
AS PREREQUISITE FOR PURSUING JUDICIAL RELIEF
Drivers License Suspension for Refusal of Breathalizer Test should have been challenged with DPS -
Suit dismiss for want of jurisdiction Kurtzemann v. TDPS (Tex.App.- Houston [1st Dist.] Aug. 6,
2009)(Radack)
(attempted challenge to driver's license suspension; failure to pursue and exhaust administrative
remedies dooms judicial review suit)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Taft and Sharp
01-08-00543-CV David Kurtzemann v. Texas Department of Public Safety
Appeal from County Civil Ct at Law No 1 of Harris County
Trial Court Judge: Hon. R. Jack Cagle
Failure to Exhaust Administrative Remedies Proves Fatal to Judicial Relief in Tax Appeal
No Exception found to apply, no constitutional deprivation
HCAD v. Blue Flash Express, LLC (Tex.App.- Houston [ 1st Dist.] May 10, 2007)(Taft)
[tax appeal, suit for judicial review, exhaustion of administrative remedies, due process, notice]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Taft
Before Justices Taft, Alcala and Hanks
01-06-00783-CV The Harris County Appraisal District and the Harris County Appraisal Review Board v.
Blue Flash Express, LLC, City of La Porte and La Porte Independent School District, and San Jacinto
Community College Districe--Appeal from 234th District Court of Harris County (Judge Reece Rondon)
We have already held that none of the exceptions that Blue Flash asserted on appeal to the exhaustion-of-remedies
doctrine applies to except Blue Flash from pursuing its administrative remedies. Blue Flash failed to exhaust all
administrative remedies before seeking judicial review of the District and Board's complained-of actions. Consequently,
the district court was deprived of subject-matter jurisdiction over Blue Flash's third-party claim against the District and
Board because that claim fell within the administrative body's exclusive jurisdiction. The district court erred by denying the
District and Board's partial summary judgment motion to dismiss for want of jurisdiction Blue Flash's cause of action
against them and by granting Blue Flash's motion for summary judgment. We sustain the District and Board's issues
one and two.
Kelly v. American Interstate Insurance Co. (Tex.App.- Houston [14th Dist.] Nov. 25, 2008)(Brown)
(venue, MTV, exhaustion of administrative remedies, workers comp, compensable injury, plea juris)
AFFIRMED: Opinion by Justice Brown
Before Justices Brock Yates, Guzman and Brown
14-07-00083-CV Jimmy J. Kelly v. American Interstate Insurance Co., Hammerman & Gainer, Inc., and
Sheryl Butman--Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Koll Bren Fund VI LP v. HCAD (Tex.App.- Houston [1st Dist.] Feb. 28, 2008) (Radack) (property tax
protest, tax appeal, judicial review suit, standing, exhaustion of administrative remedies)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00321-CV Koll Bren Fund VI LP and Hartman 3100 Weslayan Acquisitions, LP v. Harris County
Appraisal District and The Appraisal Review Board of Harris County Appraisal District
Appeal from 113th District Court of Harris County (Judge Hon. Patricia Hancock)
Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 18,
2007)(Hedges)(government entities, regulation, declaratory judgment, UDJA)
AFFIRMED: Opinion by Chief Justice Hedges, Dissenting Opinion by Justice Edelman
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00472-CV Supermercado Teloloapan, Inc. d/b/a Teloloapan Meat Market v. City of Houston
Appeal from 80th District Court of Harris County (Hon. Kent Sullivan)
Justice Edelman dissented in Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.- Houston
[14th Dist.] Dec. 18, 2007)(Dissenting Opinion by Justice Edelman) (exhaustion of administrative
remedies, exclusive jurisdiction doctrine)
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