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City of Houston, Annise D. Parker, Kelly Dowe, Ronald C.Green, Brenda Stardig, Jerry Davis, Ellen Cohen, Dwight Boykins, Dave Martin, Richard Nguyen, Oliver Pennington, Ed Gonzalez, Robert Gallegos, Mike Laster, Larry Green, Stephen Costello v. Houston Municipal Employee Pension System
14-15-00865-CV
Tex. App.
Nov 22, 2016
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Case Information

*1 November 22, 2016 JUDGMENT

The Fourteenth Court of Appeals

CITY OF HOUSTON, SYLVESTER TURNER, KELLY DOWE, CHRIS BROWN, BRENDA STARDIG, JERRY DAVIS, ELLEN COHEN, DWIGHT BOYKINS, DAVE MARTIN, STEVE LE, GREG TRAVIS, KARLA CISNEROS,

ROBERT GALLEGOS, MIKE LASTER, LARRY GREEN, MIKE KNOX, DAVID ROBINSON, MICHAEL KUBOSH, AMANDA EDWARDS, AND JACK CHRISTIE, Appellants

NO. 14-15-00865-CV V.

HOUSTON MUNICIPAL EMPLOYEE PENSION SYSTEM, Appellee ________________________________

This cause, an appeal from the denial of appellants’, the City of Houston’s and the City officials’, plea to the jurisdiction in favor of appellee, Houston Municipal Employee Pension System (HMEPS), signed October 9, 2015, was heard on the transcript of the record. We have inspected the record and find error in the judgment.

We therefore REVERSE the trial court’s denial of appellants’ plea to the jurisdiction with regard to HMEPS’s mandamus claims against the City of Houston alleging failures to comply and seeking to compel compliance with article 6243h. We RENDER judgment dismissing these claims.

We REVERSE the trial court’s denial of appellants’ plea with regard to HMEPS’s mandamus claims against the City officials to the extent that HMEPS alleges failures to comply with section 8 of article 6243h or the July 2011 meet-and- confer agreement and REMAND with instructions for the trial court to provide HMEPS a reasonable opportunity to properly plead ultra vires claims against the City officials.

We AFFIRM the trial court’s denial of appellants’ plea with regard to HMEPS’s mandamus claims against the City officials alleging failures to comply with section 2(u) of article 6243h.

We AFFIRM the trial court’s denial of appellants’ plea with regard to HMEPS’s mandamus claim against the City of Houston alleging failure to comply and seeking to compel compliance with the TPIA.

We REVERSE the trial court’s denial of appellants’ plea with regard to HMEPS’s mandamus claims against defendants other than the City of Houston or the City’s officer for public information alleging failures to comply and seeking to compel compliance with the TPIA. We RENDER judgment dismissing these claims.

We further order that each party shall pay its costs by reason of this appeal. We further order this decision certified below for observance.

Case Details

Case Name: City of Houston, Annise D. Parker, Kelly Dowe, Ronald C.Green, Brenda Stardig, Jerry Davis, Ellen Cohen, Dwight Boykins, Dave Martin, Richard Nguyen, Oliver Pennington, Ed Gonzalez, Robert Gallegos, Mike Laster, Larry Green, Stephen Costello v. Houston Municipal Employee Pension System
Court Name: Court of Appeals of Texas
Date Published: Nov 22, 2016
Docket Number: 14-15-00865-CV
Court Abbreviation: Tex. App.
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