Successful Cases

Garrett G. v. Houston Independent School District –

The Houston Independent School District failed to provide Garrett who has autism the appropriate services to obtain a free and appropriate public education. HISD failed to develop an individualized educational plan for Garrett. Furthermore, HISD failed to collect data properly to track Garrett’s academic and behavioral progress.

My Royal Palace Group Home Case –

Whitburn & Pevsner, PLLC, prevailed in a state court lawsuit against a homeowners’ association under the Federal Fair Housing Act. In Capella Park Homeowners’ Association v. My Royal Palace, PLLC, Cause Number 05-16-00783-C, the Court of Appeals for the Fifth District of Texas ruled that Capella Park Homeowners’ Association unlawfully imposed a restrictive covenant which …

Barbara Harrison v. Courtney Phillips –

Whitburn & Pevsner, PLLC convinced a US District Court in the Northern District of Texas that the State of Texas violated Title II of the Americans with Disabilities Act (“ADA”) as interpreted in the US Supreme Court’s Olmstead decision.

AB v. Clear Creek Independent School District –

Whitburn & Pevsner, PLLC convinced the US Court of Appeals for the Fifth Circuit to rule that CCISD violated the Individuals with Disabilities Education Act by failing to provide educational services to an autistic student in the least restrictive environment.

Harmony Haus v. Parkstone Property Owners Homeowners’ Association –

Whitburn & Pevsner, PLLC also prevailed in another FHA case on behalf of a sober living group home. The US District Court in the Western District of Texas ruled that the HOA attempted to impose an unlawful restrictive covenant to limit the number of residents in this group.

Walls v. Capella Park Homeowners’ Association –

This case involved a group home for people with severe physical and intellectual disabilities. The HOA attempted to shut down this group home by imposing an unlawful restrictive covenant. Whitburn & Pevsner, PLLC persuaded a Texas state court of appeals that this restrictive covenant violated both the federal and Texas Fair Housing Acts.