John Gannon, Inc. v. the Texas Department of Transportation James M. Bass, in His Official Capacity as Executive Director of the Texas Department of Transportation And Kyle Madsen, in His Official Capacity as Director of Right of Way for the Texas Department of Transportation
This text of John Gannon, Inc. v. the Texas Department of Transportation James M. Bass, in His Official Capacity as Executive Director of the Texas Department of Transportation And Kyle Madsen, in His Official Capacity as Director of Right of Way for the Texas Department of Transportation (John Gannon, Inc. v. the Texas Department of Transportation James M. Bass, in His Official Capacity as Executive Director of the Texas Department of Transportation And Kyle Madsen, in His Official Capacity as Director of Right of Way for the Texas Department of Transportation) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
JUDGMENT RENDERED OCTOBER 9, 2020
NO. 03-18-00696-CV
John Gannon, Inc., Appellant
v.
The Texas Department of Transportation; James M. Bass, in His Official Capacity as Executive Director of The Texas Department of Transportation; and Kyle Madsen, in His Official Capacity as Director of Right of Way for The Texas Department of Transportation, Appellees
APPEAL FROM THE 98TH DISTRICT COURT OF TRAVIS COUNTY BEFORE JUSTICES GOODWIN, BAKER, AND KELLY AFFIRMED IN PART; REVERSED AND REMANDED IN PART -- OPINION BY JUSTICE GOODWIN
This is an appeal from the judgment signed by the trial court on October 8, 2018. Having
reviewed the record and the parties’ arguments, the Court holds that there was reversible error in
the trial court’s judgment. Therefore, the Court reverses the trial court’s order as to the dismissal
of the APA Claim, affirms the order as to the dismissal of the UDJA Claim, and reverses the
order as to the denial of the motion for protection from discovery. The Court remands the cause
to the trial court for further proceedings consistent with this Court’s opinion. The parties shall
bear their own costs relating to this appeal, both in this Court and in the court below.
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John Gannon, Inc. v. the Texas Department of Transportation James M. Bass, in His Official Capacity as Executive Director of the Texas Department of Transportation And Kyle Madsen, in His Official Capacity as Director of Right of Way for the Texas Department of Transportation, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-gannon-inc-v-the-texas-department-of-transportation-james-m-bass-texapp-2020.