Of Counsel

Terry Morgan provides legal services to a large number of municipal corporations and other public entities in Texas and neighboring states.  His principal work is litigation defense and municipal advice on land use law matters.

Experience

Mr. Morgan formerly was Assistant City Attorney for Austin, Texas in planning and zoning matters.  He represented Texas cities in the drafting of the state enabling statute for impact fees.  Mr. Morgan also is the author of many publications on land use regulation, including Land Use Litigation (West 1986).  Mr. Morgan is the founder of and principal in Terry Morgan & Associates, P.C.  Mr. Morgan is also “of counsel” to the firm Morris & Schorsch, P.C.

Bar Admissions

  • Missouri Bar, 1988
  • Texas Bar, 1985
  • Oregon Bar, 1976
  • US Supreme Court
  • US Court of Appeals, 5th Circuit
  • US Court of Appeals, 9th Circuit
  • US District Courts for Northern and Eastern Districts

Professional Associations

  • American Planning Association
  • Regional Reporter for Land Use Law & Zoning Digest

Education

University of Missouri-Kansas City School of Law, Kansas City, Missouri
Juris Doctor degree, 1976
Research Editor for the Urban Lawyer, the quarterly publication of the American Bar Association's Section of Urban, State and Local Government Law
Memberships:  Law Review

St. Louis University, St. Louis, Missouri
Bachelor of Arts degree (Psychology), 1968
Woodrow Wilson Fellow; Phi Beta Kappa

Case Summaries & publications

Representative Texas Supreme Court Cases

City of Rockwall, Texas v. Vester T. Hughes, as sole Independent Executor of the Estate of W. W. Caruth, Jr. Deceased.  246 SW 3d. 621 (Tex. 2008, rehearing denied)
Obtained favorable judgment allowing City to proceed with annexation without first resorting to arbitration with property owner.

 

Representative Appellate Cases

JNC Partners Denton, LLC v. City of Denton, 190 S.W.3d 790 (Tex. App.-Fort Worth 2006, writ den’d)
Obtained judgment affirming municipal annexations and clarifying statutory arbitration issues.

Texas Central Business Lines Corp. v. City of Midlothian, 669 F3d 525 (5th Cir. 2012)
Case involving municipalities’ authority to regulate business operations and related federal exemption issues.

 

Representative Texas State Court and Federal Trial Court Cases

Vulcan Materials Co. v. Town of Sunnyvale
Successfully defended Town in federal case against claims for federal preemption of municipal laws.

 

Selected Publications

Use of Development Agreements Outside City Limits: Opportunities and Limitations,
2004 Institute on Planning, Zoning and Eminent Domain (Matthew Bender)

Land Use Litigation -- Municipal Defense
2003 Institute on Planning, Zoning and Eminent Domain (Matthew Bender)

Investment-backed Expectations: A Practical Look at the Penn Central Test
2003 Institute on Planning, Zoning and Eminent Domain (Matthew Bender)

Texas: Wise Use and Dumb Growth Legislation
2002 Institute on Planning, Zoning and Eminent Domain (Matthew Bender)

Vested Rights Legislation in Texas and Other States
2001 Institute on Planning, Zoning and Eminent Domain (Matthew Bender)

The Fair Housing Act and Its Impact on Land Use Regulations
1996 Institute on Planning, Zoning and Eminent Domain (Matthew Bender) (With David G. Richardson).

Texas Land Use Litigation: Zoning, Downzoning, and Vested Rights
1995 Institute on Planning, Zoning and Eminent Domain, Ch. 6 (Matthew Bender)

Exactions as Takings: Tactics for Dealing with Dolan
46 Land Use Law and Zoning Digest (September 1994)

Regulatory Takings in Texas: A Short Primer
81 Texas Town and City (February 1994) (with Robert H. Freilich)

Takings Law: Strategies for Dealing with Lucas
45 Land Use Law and Zoning Digest (January 1993)

Planned Development Zoning: A Texas Perspective
1992 Institute on Planning, Zoning and Eminent Domain, ch. 5 (Matthew Bender) (with Frank F. Turner)

State Impact Fee Enabling Legislation: Guidelines for Analysis
42 Land Use Law and Zoning Digest (March/April 1990)

Recent Developments in the Law of Impact Fees with Special Attention on Legislation
1990 Institute on Planning, Zoning and Eminent Domain, ch. 4 (Matthew Bender)

Impact Fees in Texas
Public Policy Briefing Series (Texas Municipal League 1989)

State Impact Fee Legislation
40 Land Use Law and Zoning Digest (January 1988) (with Eric J. Strauss & Martin L. Leitner)

State Impact Fee Legislation: Guidelines for Analysis, Part I
49 Land Use Law and Zoning Digest (March 1990)

Litigation Strategies in Zoning Cases
1987 Institute on Planning, Zoning and Eminent Domain, Ch. 3 (Matthew Bender)

Municipal Strategies for Imposing Valid Development Exactions: Responding to Nollan
10 Zoning & Planning Law Report 169 (December 1987) (with Robert H. Freilich); reprinted in Exactions, Import Fees and Dedications (ABA 1995)

Land Use Litigation, 2 vols. (West 1986) (with John Shonkwiler)

Drafting Impact Fee Ordinances; Part I, Legal Foundation for Exactions
9 Zoning & Planning Law Report No. 7 (August 1986)

Statewide Land Use Planning in Oregon
11 Urban Lawyer 1 (1979); Reprinted in The Land Use Awakening (ABA 1981)