Also see --> EMINENT DOMAIN PROCEEDINGS | PUBLIC EMPLOYMENT DISPUTES | WHISTLEBLOWER SUITS | TEXAS TORT CLAIMS ACT LITIGATION | TAX SUITS AND APPRAISAL APPEALS Cases from the First and Fourteenth Court of Appeals Clear Lake City Water Authority v. MCR Corporation, (Tex.App.- Houston [1st Dist.] Mar. 11, 2010)(Radack) (interlocutory appeal from order denying plea to the jurisdiction on governmental immunity grounds, legis waived immunity) This case arises from a contract dispute between a water authority and a developer. When the developer brought suit asserting breach of contract, the water authority asserted governmental immunity from suit. By interlocutory appeal, the water authority now challenges the trial court's order denying its plea to the jurisdiction. Concluding that the Texas Legislature waived the water authority's immunity from suit under section 271.152 of the Texas Local Government Code, we affirm the trial court's order. AFFIRM TRIAL COURT JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-08-00955-CV Clear Lake City Water Authority v. MCR Corporation Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph Halbach Kessling v. Friendswood ISD (Tex.App.- Houston [14th Dist.] Nov. 3, 2009)(Hedges) (suit alleging violations of the Texas Open Meetings Act (TOMA), Texas Public Information Act (TPIA), and Texas Education Code) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-07-01063-CV Nancy Kessling v. Friendswood Independent School District, and Patricia Hanks Appeal from 56th District Court of Galveston County Trial Court Judge: Lonnie Cox Dissenting Opinion by Justice Frost in Kessling v. Friendswood ISD East Houston Estate Apartments, LLC v. City of Houston (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Keyes)(city held immune, City of Mexia v. Tooke progeny, statutory waiver for breach of contract suits against local governments not applicable)(trial court did not err in sustaining the City's plea to the jurisdiction) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Evelyn Keyes Panel members: Justices Keyes, Hanks and Bland 01-08-00966-CV East Houston Estate Apartments, L.L.C. v. The City of Houston Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle TSU v. Gilford (Tex.App.-Houston [1st Dist.] Jan. 8, 2009)(Wilson) (TTCA, plea to the jurisdiction properly denied) AFFIRM TC JUDGMENT: Opinion by Judge Wilson Before Chief Justice Radack, Judge Wilson, Justice Higley 01-08-00399-CV Texas Southern University v. Mary Gilford Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Seureau v. Exxon Mobil Corp (Tex.App.- Houston [14th Dist.] Oct. 16, 2008)(Brown) (governmental immunity, sovereign immunity, summary judgment based on limitations, no waiver of immunity by conduct or by sue and be sued language under Tooke v. City of Mexia) AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Brown and Boyce 14-07-00176-CV Glenn Emile Seureau and Glenn Edouard Seureau v. Exxon Mobil Corporation and Port of Houston Authority--Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker Clear Lake City Water Authority v. Kirby Lake Development (Tex.App.- Houston [14th Dist.] Aug. 7, 2008)(Hedges) (local governmental entity, no breach of contract) REVERSED AND RENDERED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-08-00013-CV Clear Lake City Water Authority v. Kirby Lake Development, LTD., Miter Development Company, L.L.C. and Taylor Lake, LTD. Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Green v. Alford (Tex.App.(Tex.App.- Houston [14th Dist.] July 15, 2008)(Opinion on en banc rehearing by Guzman) (PI, injuries caused by collision with fire truck, official immunity defense rejected) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Brock Yates, Anderson, Hudson, Fowler, Frost, Seymore, Guzman, Brown and Boyce 14-05-00407-CV Christopher Green v. Dwainia Alford, Individually and as Next Friend of Aaron Alford and Ronald Alford Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise Concurring Opinion by Justice Frost Dissenting Opinion by Justice Hudson Evans v. TDCJ-ID (Tex.App.- Houston [1st Dist.] June 26, 2008)(Bland) (PI sovereign immunity) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Jennings and Bland 01-07-00847-CV Michael Anthony Evans v. Texas Department of Criminal Justice-Institutional Division Appeal from 405th District Court of Galveston County Trial Court Judge: Hon. Wayne J. Mallia TDCJ v. Jackson (Tex.App.- Houston [1st Dist.] May 29, 2008)(Radack) (government entities, prisoner suit, defendant prevails with immunity plea on appeal) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-07-00477-CV Texas Department of Criminal Justice v. Donald C. Jackson Appeal from 412th Judicial District Court of Brazoria County Trial Court Judge: The Honorable W. Edwin Denman Texas Department of Human Services v. Okoli (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Taft) (WBA, sovereign immunity, DWOJ, interlocutory appeal) DISMISS APPEAL: Opinion by Justice Taft 01-07-00103-CV Texas Department of Human Services v. Oliver Okoli Appeal from 61st District Court of Harris County (Trial court judge: Hon. John Donovan) City gets away with breaching contract on claim of governmental immunity CLear Lake City Water Authority v. Friendswood (Tex.App.- Houston [14th Dist.] Feb. 12, 2008)(Frost) (governmental immunity, breach of contract, Tooke progeny) REVERSED AND RENDERED: Opinion by Justice Frost 14-07-00096-CV Clear Lake City Water Authority v. Friendswood Development Company, Ltd. Appeal from 281st District Court of Harris County (Judge David J. Bernal) Justices on appellate panel disagree on whether trial court had jurisdiction to enter declaratory judgment in permit 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 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) (exhaustion of administrative remedies, exclusive jurisdiction doctrine) Immunity claim rejected in suit alleging collection of illegal fee Saturn Capital Corp. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Anderson) (sovereign immunity, grant of plea to the jurisdiction reversed, illegal fee, invalid lien) REVERSED AND REMANDED: Opinion by Justice Anderson 14-07-00379-CV Saturn Capital Corporation v. The City of Houston Appeal from County Civil Court at Law No 2 of Harris County (Hon. Lucci-Smith) Prairie View A&M Univ. v. Dickens (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost)(jurisdiction, individual capacity claims, official capacity claims, sovereign immunity, litigation involving universities) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost 14-06-00966-CV Prairie View A&M University, Doris Price, Individually and as Vice President of Prairie View A&M and George Wright, Individually and as President of Prairie View A&M University v. Brian Dickens Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison) 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)(breach of contract, BoC, sovereign immunity) (sovereign immunity plea again rejected on remand) Opinion by Justice 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 Sheth v. Dearen (Tex.App.- Houston [14th Dist.] May 24, 2007)(Hedges)(TTCA, HCLC) [Texas Tort Claims Act case, immunity, motion to dismiss employee of governmental entity] REVERSED AND REMANDED: Opinion by Chief Justice Hedges 14-07-00004-CV Dhiren S. Sheth v. Donald C. Dearen Appeal from 334th District Court of Harris County (Judge Sharon McCally) Attempted interlocutory appeal in whistleblower suit did not involve jurisdictional issues - dismissed because not authorized by statute Galveston ISD v. Jaco (Tex.App.- Houston [14th Dist.] Nov. 15, 2007)(Hedges)(public employment, school law case, WBA, ILA dismissed DWOJ, arguments advanced by ISD in motion for summary judgment are not jurisdictional) DISMISSED: Opinion by Chief Justice Hedges 14-07-00313-CV Galveston Independent School District v. Brent Jaco Appeal from 56th District Court of Galveston County (Hon. Lonnie Cox) Wrongful death claim based on accidental electrocution death of inmate barred by immunity Smith v. TDCJ (Tex.App.- Houston -14th Dist.] Nov. 6, 2007)(Hedges)(governmental entity law, wrongful death, electrocuted inmate, Texas Tort Claims Act TTCA, sovereign immunity bars claim) AFFIRMED: Opinion by Chief Justice Hedges 14-07-00064-CV Alice Smith, Individually and on behalf of Donald Ray Smith, Deceased v. Texas Department of Criminal Justice Appeal from 412th District Court of Brazoria County (Hon. W. Edwin Denman) No waiver of immunity for workers comp retaliatory discharge cause of action Alobaidi v. UTHSCH (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost)(public employment, retaliatory discharge) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Frost and Mirabal 14-06-00303-CV Josephine S. Alobaidi v. The University of Texas Health Science Center at Houston Appeal from 190th District Court of Harris County (Hon. Jennifer Elrod) Prairie View A&M Univ. v. Dickens (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost)(jurisdiction, individual capacity claims, official capacity claims, sovereign immunity) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost 14-06-00966-CV Prairie View A&M University, Doris Price, Individually and as Vice President of Prairie View A&M and George Wright, Individually and as President of Prairie View A&M University v. Brian Dickens Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison) City's immunity found waived 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)(BoC, sovereign immunity) Opinion by Justice Eva 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 The State of Texas v. Fiesta Mart, Inc (Tex.App.- Houston [14th Dist.] Jul. 3, 2007)(Hudson) (plea to the jurisdiction, condemnation) AFFIRMED: Opinion by Justice Hudson 14-06-00826-CV The State of Texas v. Fiesta Mart, Inc. Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull) County held immune to attorney's fee claim in tax dispute Waller County, Texas v. Simmons (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Taft)(government entity law, tax suit, attorney's fees, sovereign immunity) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-07-00180-CV Waller County, Texas v. Oscar Simmons a/k/a Oscar C. Simmons Appeal from 9th District Court of Waller County (Hon. Frederick Edwards) 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)(immunity to breach of contract claim waived) 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. TDCJ v. Raymond (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Bland)(TTCA, sovereign immunity, ILA) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00364-CV Texas Department of Criminal Justice v. Raymond Lockett Appeal from 23rd District Court of Brazoria County (Hon. Ben Hardin) The Texas Department of Criminal Justice (“TDCJ”) brings this interlocutory appeal challenging the trial court’s denial of its plea to the jurisdiction and motion to dismiss for lack of subject matter jurisdiction. On appeal, TDCJ contends that the court lacks subject matter jurisdiction over the suit because the plaintiff’s pleadings do not affirmatively allege facts that support a waiver of governmental immunity. We reverse. * * * After looking solely to the Estate’s allegations, taking them as true, and construing them in favor of the Estate, we conclude that its amended petition does not present a claim in which immunity from liability, and therefore immunity from suit, is waived by the Texas Tort Claims Act. Accordingly, we reverse the order denying the TDCJ’s plea to the jurisdiction and dismiss the Estate’s claims against TDCJ for want of jurisdiction. All pending motions are dismissed as moot. Slade v. TSU (Tex.App.- Houston [1st Dist.] Aug. 30, 2007)(Nuchia) (sovereign immunity to breach of contract suit) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Higley 01-06-00990-CV Priscilla D. Slade v. Texas Southern University Board of Regents Appeal from 61st District Court of Harris County (Hon. John Donovan) City of Houston v. Kennedy (Tex.App.- Houston [1st Dist.] Aug. 2, 2007)(Hanks) (wrongful death, immunity, TTCA suits), 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 Pasadena v. Environmental Infrastructure Group, LP (Tex.App.- Houston [1st Dist.] Aug. 2, 2007)(Hanks) (breach of contract immunity, ILA) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Hanks (Before Judge Wilson, Justices Hanks and Bland) 01-07-00133-CV City of Pasadena, Texas v. Environmental Infrastructure Group, LP, Kinsel Industries, Inc. and Travelers Casualty and Surety Company of America, Crouch/KST Enterprises, LTD. Appeal from 151st District Court of Harris County (Judge Hon. Caroline Baker) Fort Bend County, Texas v. The Burlington Northern & Santa Fe Railway Company (Tex.App.- Houston [14th Dist.] Jun. 21, 2007(Hudson)(Condemnation, reimbursement, plea to the jurisdiction) VACATED AND DISMISSED: Opinion by Justice Hudson 14-05-01106-CV Fort Bend County, Texas v. The Burlington Northern & Santa Fe Railway Company Appeal from County Court at Law No 3 of Fort Bend County (Judge Susan Griffin Lowery) 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) Young., M.D. and Baylor College of Medicine v. Silva Villegas (Tex.App.- Houston [14th Dist.] Apr. 3, 2007)(Frost) (HCLC, interlocutory appeal, ILA, immunity claim, doctors vs. entity defendant, supported medical school, who may take interlocutory appeal?, effect of nonsuit on standing) This court lacks appellate jurisdiction over Baylor’s appeal from the trial court’s order because Baylor had been nonsuited before the trial court signed the order and because in that order the trial court did not rule on any motion filed by Baylor. This court does not have appellate jurisdiction over Dr. Young’s appeal from the denial of her plea to the jurisdiction because she is not a governmental unit. Based on section 312.007 of the Texas Health and Safety Code, this court has appellate jurisdiction to review the trial court’s denial of the Summary Judgment Motions as to Dr. Young, but because Dr. Young did not prove as a matter of law that she is entitled to the protections of section 312.006, the trial court properly denied these motions as to her. Accordingly, we dismiss Baylor’s appeal in its entirety and dismiss Dr. Young’s appeal of the trial court’s denial of the Pleas to the Jurisdiction. We affirm the trial court’ s order denying the Summary Judgment Motions as to Dr. Young. TSU v. State Street Bank and Trust, No. 01-06-00497-CV (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Hanks) (substitute opinion)(governmental immunity waived by conduct, waiver of sovereign immunity) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks (Before Justices Nuchia, Keyes and Hanks) 01-06-00497-CV Texas Southern University v. State Street Bank and Trust Company, CMS Viron Corporation-- Appeal from 80th District Court of Harris County (Judge Kent C. Sullivan) Justice Keys wrote separate opinion in TSU v. State Street Bank and Trust, No. 01-06-00497-CV (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(separate opinion by Keyes)(substitute opinion) (takings claim) Brazoria County v. Colquitt (Tex.App.- Houston [1st Dist.] Jan. 4, 2007)(Hanks)(TTCA) AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Taft, Keyes and Hanks) 01-06-00614-CV Brazoria County, Texas v. Glenn Colquitt Appeal from 412th Judicial District Court of Brazoria County (The Honorable W. Edwin Denman) Texas Supreme Court Immunity Decisions UT-PAN AM v. Aguilar, No. 07-0424 (Tex. Apr. 18, 2008)(per curiam) (TTCA, premises liability, dangerous condition, ostrich defense) City of Dallas v. DeQuire, No. 06-0543 (Tex. Mar. 28, 2008)(per curiam) (local governmental entities, immunity waiver) Trend Offset Printing Services, Inc. v. Collin County Community College District (CCCCD), No. 06-0525 (Tex. Mar. 28, 2008)(per curiam) (governmental immunity, breach of contract, statutory waiver) Nueces County v. San Patricio County, No. 07-0166 (Tex. Jan. 25, 2008)(per curiam) (governmental immunity) 2007 Texas Supreme Court Cases Montgomery County v. Park, No. 05-1023 (Tex. Nov. 29, 2007)(Opinion by Chief Justice Jefferson)(public employment, governmental entities, WBA, Texas Whistleblower Act, adverse employment personnel action) MONTGOMERY COUNTY, TEXAS v. DAVID PARK; from Montgomery County; 10th district (10-04-00231-CV, ___ S.W.3d ___, 10/19/05) The Court reverses the court of appeals' judgment and renders judgment. Chief Justice Jefferson delivered the opinion of the Court. Stephen F. Austin State Univ. v. Flynn, No. 04-0515 (Tex. Jun. 29, 2007)(Medina)(Recreational Use Statute, TTCA, plea to the jurisdiction, sovereign immunity; suit dismissed as jurisdictionally barred) Stephen F. Austin State University vs. Diane Flynn; from Nacogdoches County; 12th district (12-03 00240-CV, 202 S.W.3d 167, 04/30/2004) The Court reverses the court of appeals' judgment and renders judgment dismissing the case. Justice Medina authored the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Brister, Justice Green, and Justice Johnson joined, and in all but Part III of which Justice Hecht, Justice Wainwright, and Justice Willett joined. Justice Hecht wrote a concurring opinion in Stephen F. Austin State University v. Flynn in which Justice Wainwright and Justice Willett joined. |
| Recent Government Entity / Sovereign Immunity Cases from Houston Courts of Appeals (Tex.App. - Houston 2009 2008 2007) |
