San Antonio Court of Appeals holds airport lease with City did not waive City’s immunity.
City of San Antonio v DHL Express, Inc., 04-22-00603-CV (Tex. App. – San Antonio, Jan. 25, 2023) This is a contractual immunity […]
Category: Contracts
Fourth Court of Appeals holds civil service employee established jurisdiction for denial of due process claim
City of Laredo and City of Laredo Municipal Civil Service Commission v. Tony H. Moreno, 04-21-00413-CV, (Tex. App – San Antonio, Aug. […]
Contract limiting remedies to replace or replacement by the vendor preclude damages for repair or replacement by a third party for failed product.
Special contributing author Laura Mueller, City Attorney for Dripping Springs New Braunfels I.S.D. v. FieldTurf USA Inc., No. 07-20-00308-CV (Tex. App.—Amarillo Nov. […]
Dallas Court of Appeals holds commercial lease on property separated from airport was a proprietary function
City of Dallas v. Oxley Leasing North Loop, LLC, 05-21-00241-CV, (Tex. App – Dallas, Nov. 12, 2021) This is a breach of […]
First Court of Appeals holds 380 development agreement was an agreement for goods and services (waiving immunity) but dismissed all other claims brought against the City by the developer
Town Park Center, LLC v. City of Sealy, Texas, Janice Whitehead, Mayor, Lloyd Merrell, City Manager and Warren Escovy, Assistant City Manager, […]
Since City’s plea to the jurisdiction only challenged non-jurisdictional facts, plea was property denied in breach of contract suit
City of Del Rio v. Henry Arredondo, 04-20-00409-CV, (Tex. App – San Antonio, August 4, 2021) This is a breach of […]
Termination of as needed contract did not result in any damages under chapter 271, so no waiver of immunity exists
Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Heath v. Robert Williamson d/b/a PCNETSYS, No. 05-20-00685-CV (Tex. App.—Dallas, […]
Dallas Court of Appeals holds grading of land for sports facility is proprietary in specific situation with land lease
The City Carrollton, Texas v. Weir Brothers Contracting, LLC, 05-20-00714-CV (Tex App. – Dallas, March 22, 2021) This is a contractual immunity […]
13th Court of Appeals holds remainder of employment contract was consequential damages, not amounts due and owed, therefore no waiver of immunity exists for breach
Edinburg Housing Authority, Dr. Martin Castillo, Gabriel Salinas, Simon Garza, Marissa Chavana, and Juan Guzman v. Rodolfo Ramirez, 13-19-00269-CV, (Tex. App – […]
Dallas Court of Appeals holds City waived immunity in lease agreement for use of soccer fields in exchange for upgrades and maintenance
City of McKinney, Texas v. KLA International Sports Management, LLC, 05-20-00659-CV, (Tex. App – Dallas, Feb. 4, 2021) This is a contractual […]