Town of Shady Shores v. Sarah Swanson

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-15-00338-CV

Town of Shady Shores § From the 442nd District Court

§ of Denton County (14-02914-158) v. § January 18, 2018

Sarah Swanson § Opinion by Justice Pittman

JUDGMENT

This court has considered the record on appeal in this case and holds that

there was error in the trial court’s judgment. We affirm the trial court’s order

denying summary judgment for Appellant Town of Shady Shores (the Town) on

Appellee Sarah Swanson’s Uniform Declaratory Judgments Act (UDJA) claims

seeking: (1) a declaration that the Town’s termination of her employment was

void under the Texas Open Meetings Act; (2) injunctive relief relating to the

Town’s making agendas and meeting recordings for past and future Town

meetings available to the public; and (3) attorney’s fees for those claims. We

dismiss for lack of jurisdiction: (1) Swanson’s UDJA claims for back pay; (2) her

UDJA claims based on violations of her rights under article I, section 9 of the Texas Constitution, seeking both reinstatement and declaratory relief; and (3) her

free speech claim.

It is further ordered that each party shall bear their own costs of this

appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By __/s/ Mark T. Pittman________________ Justice Mark T. Pittman