Texas Supreme Court to hear proprietary/governmental functions in contract case
Different opinions have come out of the various courts of appeal dealing with whether the proprietary/governmental dichotomy exists in contracts after the legislature enacted the waiver provision under Chapter 271 of the Texas Local Government Code. For those of you who are following this subject, the Texas Supreme Court agreed on October 24, 2014 to hear the case of the LOWER COLORADO RIVER AUTHORITY v. CITY OF BOERNE, 14-0079, appealed out of the 4th Court of Appeals (04-13-00108-CV, 422 SW3d 60, 01-08-14). Oral arguments have been set for January 15, 2015 at 9:00 a.m.
The Supreme Court’s case information page can be found here.