From: Subject: IN THE SUPREME COURT OF TEXAS Date: Sun, 3 Jun 2007 20:48:47 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.supreme.courts.state.tx.us/historical/2007/jun/060251.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS

 

═════════_= 52;══

No. 06-0251

════════λ= 2;═══

 

City of Arlington,=20 Petitioner,

 

v.

 

Charles H. Matthews, = Respondent

 

════════λ= 2;══════════&= #9552;═════════_= 52;══════════= ══════════ = 552;═

On Petition for Review from = the

Court of Appeals for the Second = District of=20 Texas

═════════_= 52;══════════= ══════════ = 552;══════════= ;══════════&#= 9552;

 

 

PER = CURIAM

 

 

Respondent=20 Charles Matthews sued the City of Arlington for breach of an employment=20 separation agreement and intentional torts. The trial court denied the = City=92s=20 plea to the jurisdiction asserting governmental immunity. The court of = appeals=20 reversed as to Matthew=92s tort claims but affirmed as to Matthew=92s = contract=20 claims, holding that section 51.075 of the Texas Local Government Code = waived=20 the City=92s immunity from suit for those claims. ___ S.W.3d ___, ___ = (Tex.=20 App.=96Fort Worth 2006) (mem. op.). Only the City petitioned for = review.

The = court of=20 appeals=92 holding on section 51.075 conflicts with our decision in = Tooke v.=20 City of Mexia, 197 S.W.3d 325 (Tex. 2006), which issued after the = City filed=20 its petition for review. But as we explained in Tooke, while that = case=20 was pending on appeal (as was this one), the Legislature enacted = sections=20 271.151‑.160 of the Texas Local Government Code, waiving, with = certain=20 limitations, immunity from suit for contract claims against local = governmental=20 entities. Tooke, 197 S.W.3d at 344-45. The parties should have = the=20 opportunity to address these provisions, and any other arguments they = may still=20 have, in the trial court. City of Houston v. Jones, 197 S.W.3d = 391, 392=20 (Tex. 2006) (per curiam).

Accordingly,=20 we grant the City=92s petition for review and without hearing oral = argument, Tex. R. App. P. 59.1, reverse = the=20 judgment of the court of appeals and remand the case to the trial court = for=20 further proceedings.

 

Opinion=20 delivered: June 1, 2007