City of Waco v. Kelley, 197 S.W.3d 324 (Tex. 2006). · Go Syfert
City of Waco v. Kelley, 197 S.W.3d 324 (Tex. 2006). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 2 distinct courts.
Strongest positive: City of Waco v. Kelley (tex, 2010-02-19) · Strongest negative: City of Houston v. Clark (tex, 2006-06-30)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited "but see" City of Houston v. Clark (2×)
Tex. · 2006 · signal: but see · confidence high
Compare id., with City of Garland v. Byrd, 97 S.W.3d 601, 607-08 (Tex.App.Dallas 2002, pet. denied) (holding that there are no limitations on who may appeal a hearing examiner’s decision); Nuchia v. Woodruff, 956 S.W.2d 612, 616-18 (Tex.App.—Houston [14th Dist.] 1997, pet. denied) (holding that the city had a right to judicial review under the Declaratory Judgment Act to determine if a hearing examiner exceeded his authority, but not *317 reaching whether there was a right to an appeal under Section 143.1016©); Nuchia v. Tippy, 973 S.W.2d 782, 786 (Tex.App.—Tyler 1998, no pet.) (holding…
cited Cited as authority (rule) City of Waco v. Kelley
Tex. · 2010 · confidence medium
City of Waco v. Kelley, 197 S.W.3d 324, 325 (Tex.2006).
discussed Cited as authority (rule) City of Houston v. Clark (2×)
Tex. App. · 2008 · confidence medium
See id. § 143.1016(j); Clark, 197 S.W.3d at 324 (holding that the City has a right to appeal a hearing examiner’s decision, 2 but the appeal is restricted in scope by subsection (j)).
cited Cited "see" Gary Biesenbach v. the City of San Antonio
Tex. App. · 2013 · signal: see · confidence high
See City of Waco v. Kelley, 197 S.W.3d 324, 325 (Tex. 2006); City of Houston v. Clark, 197 S.W.3d 314, 324 (Tex. 2006).
discussed Cited "see" City of Waco v. Kelley (2×)
Tex. App. · 2007 · signal: see · confidence high
See City of Waco v. Kelley, 197 S.W.3d 324, 325 (Tex.2006) (per curiam); City of Houston v. Clark, 197 S.W.3d 314, 324 (Tex.2006).
Retrieving the full opinion text from the archive…
CITY OF WACO, Texas, Petitioner,
v.
Larry KELLEY, Respondent
04-1113.
Texas Supreme Court.
Jun 30, 2006.
197 S.W.3d 324
2006 Tex. LEXIS 643
2006 WL 1793302
Kevin Wayne Cole, Jennifer A. Powell, Arthur Perfile, III, Christopher Daniel Taylor, for petitioner., LaNelle L. McNamara, Riichard W. Carter, Michael Lee Rickman, for respondent., Brad Neighbor, B. Craig Deats, for ami-cus curiae.
Per Curiam.
Cited by 12 opinions  |  Published
PER CURIAM.

Larry Kelley, Waco’s Assistant Chief of Police, was suspended indefinitely by the Chief of Police for his arrest while driving under the influence of alcohol. Kelley appealed the suspension to an independent third party hearing examiner, who found the charges were proven but reduced the indefinite suspension to a 180-day suspension with reinstatement at the rank of sergeant. The examiner also awarded Kelley back pay. The City challenged the decision on various grounds in its appeal to district court pursuant to Section 143.057© of the Local Government Code. TEX. LOC. GOV’T CODE § 143.057©. The trial court upheld the examiner’s decision. On the City’s appeal, the court of appeals vacated the district court’s judgment and dismissed the case- for lack of jurisdiction, concluding that the City had no right .to appeal from an independent hearing examiner’s decision. 2004 WL 2481383 (Tex.App.-Waco Oct. 29, 2004). In this Court, the City argues that municipalities have the right to appeal an independent hearing examiner’s decision. For the reasons explained today in City of Houston v. Clark, 197 S.W.3d 314, 2006 WL 1791698 (Tex.2006), we agree that the City of Waco has a right to such an appeal under Section 143.057(j) of the Local Government Code.

Accordingly, we grant the City’s petition for review and without hearing oral argument, TEX. R. APP. P. 59.1, we reverse the judgment of the court of appeals and remand the case to that court for further proceedings.