This morning, the Third Court of Appeals issued an opinion in an appeal by the Bexar Metropolitan Water District of a decision by the Texas Commission on Environmental Quality to approve the City of Bulverde’s application for a certificate of public convenience and necessity for water utility service. In this case, the administrative law judge recommended against the certificate, but the commission disagreed and granted the certificate, the trial court affirmed the commission’s decision, and the third court of appeals further affirmed.
Cause No. 03-04-00574-CV, Bexar Metropolitan Water District v. the TCEQ, et al.
The Court also issued a memorandum opinion in a fairly interesting case in which it reversed a trial court’s summary judgment, which had been granted on the grounds that the underlying plaintiff had failed to file her complaint of employment discrimination within the 180-day deadline. According to the Court of appeals, there was conflicting evidence as to whether the plaintiff had filed in September 2002 (timely) or in December 2002 (not timely). The plaintiff’s deposition testimony indicated that she had been in a coma from early September to late December, so she had no memory of when she signed the complaint. On its face, the complaint seemed to have been signed and mailed in late September, though the TCHR and EEOC did not have a record of receiving it until December. Based on that record, according to the Third Court of Appeals, summary judgment was inappropriate.
Cause No. 03-04-00695, Kolojaezchskyi v. Marriot
Finally, the Court issued a memorandum opinion affirming a jury verdict in a workers’ compensation case.
Cause No. 03-04-00242-CV, O’Neill v. Zurich American Ins. Co.
