facially valid claim (Texas) · Go Syfert
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facially valid claim in Texas

9 Texas opinions name it 1 courts 2017–2025 4 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Pilarcik v. Emmonsgreen
tex · 1998 · cited in 2 Texas opinions naming this issue, 2018–2019
2 sentences

2019Under Texas law, “restrictive covenants are subject to the general rules of contract construction.” Pilarcik v. Emmons, 966 S.W.2d 474, 478 (Tex. 1998). 8 Under the Texas Property Code, a homeowners’ association may exercise “discretionary authority” to enforce a restrictive covenant, and if it does so, the Association’s conduct is presumably “reasonable[,] unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory.” 14 The evidence the Association presented in response to the Salamahs’ motion shows t

2018Under Texas law, “restrictive covenants are subject to the general rules of contract construction.” Pilarcik v. Emmons, 966 S.W.2d 474, 478 (Tex. 1998). 8 Under the Texas Property Code, a homeowners’ association may exercise “discretionary authority” to enforce a restrictive covenant, and if it does so, the Association’s conduct is presumably “reasonable[,] unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory.” 14 The evidence the Association presented in response to the Salamahs’ motion shows t

22
cluster 522206green
ca5 · 1989 · cited in 2 Texas opinions naming this issue, 2017–2018
2 sentences

2018See Thompson v. City of Starkville, Miss., 901 F.2d 456, 460 (5th Cir. 1990) (citing Frazier v. King, 873 F.2d 820, 825 (5th Cir. 1989)).

2017Thompson v. City of Starkville, Miss., 901 F.2d 456, 460 (5th Cir. 1990) (quoting Frazier v. King, 873 F.2d 820, 825 (5th Cir. 1989)).

22
Harvey A. Thompson v. City of Starkville, Mississippi, David Lindley, Larry Sisk, and Jimmy Raines, Individually and in Their Official Capacitiesgreen
ca5 · 1990 · cited in 2 Texas opinions naming this issue, 2017–2018
2 sentences

2018See Thompson v. City of Starkville, Miss., 901 F.2d 456, 460 (5th Cir. 1990) (citing Frazier v. King, 873 F.2d 820, 825 (5th Cir. 1989)).

2017Thompson v. City of Starkville, Miss., 901 F.2d 456, 460 (5th Cir. 1990) (quoting Frazier v. King, 873 F.2d 820, 825 (5th Cir. 1989)).

22
Klumb v. Houston Municipal Employees Pension Systemgreen
tex · 2015 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See id. at 13 n.8 (citing First American Title Ins.

11
Caleb v. Carranzagreen
texapp · 2017 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Caleb v. Carranza, 518 S.W.3d 537, 544 (Tex. App.—Houston [1st Dist.] 2017, no pet.) (citing Beattie v. Madison Cnty.

11
Ex parte Duquegreen
texapp · 2017 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See id.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Texas Association of Business National Federation of Independent Business, American Staffing Association LeadingEdge Personnel, Ltd. Staff Force, Inc. HT Staffing Ltd. D/B/A the HT Group The Burnett Companies Consolidated, Inc., D/B/A Burnett Specialists Society for Human Resource Management Texas State Council of the Society for Human Resource Management Austin Human Resource Management Association Strickland School, LLC And the State of Texas v. City of Austin, Texas, and Spencer Cronk, City Manager of the City of Austin green
texapp · 2018
1 sentence

2025Tex. Ass’n of Bus., 565 S.W.3d at 435-36 .

12025–2025
City of Elsa v. M.A.L. green
tex · 2007
1 sentence

2018Id.

12018–2018

Statutes the citing opinions construe

USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 25 (1998–2026) TX 9 (2017–2025) AL 5 (1998–2016) FL 4 (2003–2006) MD 4 (2005–2021) IL 2 (2008–2008) WI 2 (2018–2019) TN 2 (2004–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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