| In addition to their jurisdiction to hear appeals from final judgments, the Houston courts of appeals have appellate jurisdiction to review an interlocutory order denying a governmental unit's plea to the jurisdiction. Tex. Civ. Prac. & Rem. Code '51.014(a)(8) (Vernon Supp. 2007). HOUSTON COURTS OF APPEALS CASES INVOLVING CITY OF HOUSTON The City of Houston v. Petroleum Traders (Tex.App.- Houston [14th Dist.] July 24, 2008)(Boyce) (City of Houston litigation, immunity to contract claim waived by statute) AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Guzman and Boyce 14-07-00752-CV The City of Houston v. Petroleum Traders Corporation Appeal from 151st District Court of Harris County Trial Court Judge: Caroliine Elizabeth Baker City's appeal of civil service commission's decision in disciplinary matter not authorized, judicial review suit dismissed City of Houston v. Buttitta (Tex.App.- Houston [1st Dist.] July 17, 2008)(Hanks) (DJA, firefighters and policemen, disciplinary action) (plea to the jurisdiction against city proper) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Alcala, Hanks and Higley 01-07-00323-CV City of Houston v. Joseph A. Buttitta Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Governmental immunity waived by statute for breach of contract claim, but not for consequential damages in the form of lost profits or recovery in quantum meruit or for conversion of fuel delivered by city contractor City of Houston v. Petroleum Traders Corp. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce) (city's immunity claim, waived for breach of contract by statute, City of Houston litigation, Tooke followed) AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00752-CV The City of Houston v. Petroleum Traders Corporation Appeal from 151st District Court of Harris County Trial Court Judge: Caroline Elizabeth Baker The City of Houston appeals from orders denying its plea to the jurisdiction on the claims of Petroleum Traders Corporation ("PTC" for (1) breach of contract; (2) lost profits; (3) quantum meruit; (4) attorney's fees; and (5) conversion. The Court concludes that the contract between the City and PTC was properly executed, and the City's immunity from suit on PTC's contract claim has been waived by statute. The court rules that the City is immune from suit on PTC's remaining claims. Accordingly, the order of the trial court is affirmed in part and reversed in part. Court of Appeals agrees to dismiss case, but refuses to order that costs be split City of Houston v. Proler (Tex.App.- Houston [14th Dist.] June 26, 2008)(per curiam) (agreed dismissal, motion to split costs denied in absence of agreement) DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00110-CV City of Houston v. Shayn A. Proler Appeal from 234th District Court of Harris County Trial Court Judge: Reese Rondon Terminated City employee's declaratory judgment suit dismissed on mootness, standing grounds Stephens v. City of Houston (Tex.App.- Houston [1st Dist.] June 12, 2008)(Keyes) (City of Houston litigation, UDJA claims related to termination of employment moot, no standing) DISMISS APPEAL: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-00851-CV Bartholomew U. Stephens v. City of Houston, et als Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Summary judgment in police officer grievance appeal from hearing examiner's ruling reversed as not supported by motion Strouse v. City of Houston (Tex.App.- Houston [14th Dist.] May 29, 2008)(Frost) (public employment, police discipline, indefinite suspension, grievance, judicial review, appeal from hearing examiner's ruling) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-06-00618-CV Darrell H. Strouse v. City of Houston and Harold L. Hurtt, in His Official Capacity as Chief of Police of the Houston Police Department Appeal from 164th District Court of Harris County Trial Court Judge: Martha Hill Jamison Justices split on issue of trial court jurisdiction to enter declaratory judgment involving licensing dispute Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 18, 2007) (Hedges)(government entities, regulation, declaratory judgment, UDJA) AFFIRMED: Opinion by Chief Justice Hedges, Dissenting Opinion by Justice Edelman Before Chief Justice Hedges, Justices Fowler and Edelman 14-06-00472-CV Supermercado Teloloapan, Inc. d/b/a Teloloapan Meat Market v. City of Houston Appeal from 80th District Court of Harris County (Hon. Kent Sullivan) Justice Edelman dissented in Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 18, 2007)(Dissenting Opinion by Justice Edelman) (failure to exhaust administrative remedies, exclusive jurisdiction doctrine; Justice Edelman would dismiss for want of jurisdiction) Court of Appeals reverses trial court's grant of City's plea to the jurisdiction Saturn Capital Corp. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Anderson) (government entities sovereign immunity, grant of plea to the jurisdiction reversed, illegal fee, invalid lien) REVERSED AND REMANDED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00379-CV Saturn Capital Corporation v. The City of Houston Appeal from Co Civil Ct at Law No 2 of Harris County (Hon. Jacqueline Lucci-Smith) Court finds on remand from Supreme Court that City's immunity was waived by statute City of Houston v. Allco, Inc. (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Higley)(post-remand from Texas Supreme Court, see City of Houston v. Allco, Inc., 206 S.W.3d 113, 114 (Tex. 2006)(waiver of immunity to breach of contract claim) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-02-00812-CV City of Houston v. Allco, Inc -Appeal from 80th District Court of Harris County (Hon. Kent C. Sullivan) We conclude that the damages sought and awarded by the trial court were permitted by Local Government Code section 271.153(a)(1). We hold that the City's immunity from suit is statutorily waived with respect to Allco's breach of contract claim. City's Plea to the Jurisdiction Again Rejected on Remand City of Houston v. Clear Channel Outdoor, Inc. (Tex.App.- Houston [14th Dist.] 2007)(Guzman)(sovereign governmental immunity, breach of contract claim)(sovereign immunity plea again rejected on remand) Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-07-00084-CV The City of Houston, Texas v. Clear Channel Outdoor, Inc. Appeal from 334th District Court of Harris County (Judge Sharon McCally) - Affirmed Melasky as GAL v. City of Houston (Tex.App.- Houston [14th Dist.] Aug. 16, 2007)(Yates) (guardian attorney ad litem fee, law of the case, minors, remand, scope of mandate) AFFIRMED: Opinion by Justice Brock Yates (Before Justices Brock Yates, Edelman and Seymore) 14-06-00386-CV David Melasky as Guadian Ad Litem v. City of Houston Appeal from 80th District Court of Harris County (no judge shown on docket sheet) City of Houston v. Kennedy (Tex.App.- Houston [1st Dist.] Aug. 2, 2007)(Hanks)(wrongful death, immunity, TTCA), ILA) AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Nuchia, Hanks and Bland) 01-07-00097-CV The City of Houston v. Mary M. Babin Kennedy Appeal from 215th District Court of Harris County (Hon. Levi J. Benton) City of Houston v. Clear Channel Outdoor, Inc. (Tex.App.- Houston [14th Dist.] Jul. 31, 2007)(Guzman) (breach of contract, sovereign immunity, sovereign immunity plea again rejected on remand) Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-07-00084-CV The City of Houston, Texas v. Clear Channel Outdoor, Inc. Appeal from 334th District Court of Harris County (Judge Sharon McCally) - Affirmed Maguire Oil Company et al v. The City of Houston (Tex.App. - Houston [14th Dist.] Jul. 24, 2007) (Seymore)(plea juris, ripeness, condemnation, takings claim) Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Guzman 14-05-01272-CV Maguire Oil Company Et Al v. The City of Houston Appeal from Co Civil Ct at Law No 4 of Harris County (Judge Roberta Anne Lloyd) - Reversed and Remanded Garza v. The City of Houston (Tex.App. - Houston [14th Dist.] Jul. 24, 2007)(Hudson) (TTCA, sovereign and official immunity) Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00475-CV Raul G. Garza v. The City of Houston Appeal from 151st District Court of Harris County (Judge Caroline Elizabeth Baker) - Affirmed City of Houston v. RiverCrest Civic Association (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(per curiam) City of Houston v. Southern Electrical Services, Inc. (Tex.App. - Houston [1st Dist.] Apr. 26, 2007)(Nuchia) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Higley 01-06-00180-CV City of Houston v. Southern Electrical Services, Inc., As Assignee of The Caddell Construction Company, Inc. Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) UDJA cannot be used as basis for jurisdiction over claim otherwise barred by immunity The City of Houston v. Williams, No. 06-0093 (Tex. Feb. 23, 2007)(per curiam) Terms: sovereign immunity, cities, waiver, interlocutory appeal, ILA, conflicts jurisdiction, UDJA, declaratory relief, statutory waiver. Cite as City of Houston v Williams, 216 S.W.3d 827 (Tex. 2007) Following Tooke v. City of Mexia. 197 S.W.3d 325 (Tex. 2006) and companion cases City of Houston v. Southern Elec. Services, Inc. (Tex.App.--Houston [1st Dist.] Dec 7, 2006) TEXAS SUPREME COURT CASES Houston Municipal Employees Pension System v. Ferrell, No. 05-0587 (Tex. Nov. 29, 2007)(Green) (public employment, UDJA, jurisdiction, nonsuit) City of Houston v. Clark, No. 04-0930 (Tex. Jun. 30, 2006)(Justice Harriet O’Neill) In this case, we must decide whether Chapter 143 of the Local Government Code, known as the Fire Fighter and Police Officer Civil Service Act, authorizes municipalities to appeal adverse decisions of independent hearing examiners. We hold that it does. Accordingly, we reverse the court of appeals’ judgment of dismissal and remand the case to that court for consideration of the City of Houston’s appeal. . . . . Conclusion. We hold that Section 143.1016(j) of the Local Government Code affords the City of Houston the right to appeal the independent hearing examiner’s adverse decision in this case, and the court of appeals erred in dismissing the City’s appeal. Accordingly, we reverse the court of appeals’ judgment dismissing the City’s appeal for want of jurisdiction and remand the case to that court for further proceedings. City of Houston v. Jackson, No. 04-0465 (Tex. Apr. 7, 2006) [sovereign immunity law, cities, firefighter litigation pay] City of Houston v. Clear Channel Outdoor, Inc. (Tex. Jun 30, 2006) City of Houston v. Allco, Inc., 206 S.W.3d 113 (Tex. Jun 30, 2006) City of Houston v. Boyer, Inc. (Tex. Jun 30, 2006) |
| Appeals with the City of Houston as a Party houston opinions |
