Eighth Court of Appeals of Texas, No. 08-24-00388-CV, on appeal from the 45th District Court, Bexar County (No. 2023CI25719)

City of Olmos Park v. Grable (Tex. App.—El Paso)

Status: Decided: appeal won

Background

In September 2023, after an operational assessment of its police department, the City of Olmos Park ended the employment of its police chief. Brandon J. Grable asked the City for the assessment under the Texas Public Information Act. He is the requester in this matter, not counsel for a client.

The City withheld the assessment after the Texas Attorney General ruled that it was protected by the attorney-client privilege. Mr. Grable then filed a petition for writ of mandamus in district court, and the trial court denied the City’s plea to the jurisdiction and motion for summary judgment. The City brought an interlocutory appeal, which was transferred to the El Paso court of appeals.

The Issue

Whether the Public Information Act waives a city’s governmental immunity when the city withholds information in reliance on an Attorney General ruling, and whether that ruling prevents a court from reviewing the withholding.

Status/Outcome

On December 12, 2025, the court of appeals affirmed the trial court’s denial of the City’s plea to the jurisdiction. It held that immunity was waived under Section 552.321 because the City refused to supply public information, and that the Attorney General’s ruling does not bar a court from deciding whether the information may be withheld.

Key Filings

• Memorandum opinion (Dec. 12, 2025, Justia)

Last updated: Oct 14, 2026

Disclaimer

Past results disclaimer: Past results do not guarantee or predict a similar outcome in any future matter. Every case is different and must be evaluated on its own facts and law. Results described depend on the facts and circumstances of each case. Client testimonials are not a guarantee of any result. This page is general information, not legal advice, and does not create an attorney-client relationship.

← All case updates · Case results