Contracts, Sovereign Immunity

Former City Manager properly alleged breach of contract under Chapter even though the actual contract document was not presented to the city council.

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Port Isabel v. Edward Meza,  No. 13-19-00070-CV, 2020 WL 3786249 (Tex. App.—Corpus Christi July 2, 2020) (mem. op.). This is a breach of contract case where the Corpus Christi Court
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Contracts, Sovereign Immunity

Corpus Christi Court of Appeals holds recovery in breach of contract case under Chapter 271 waiver of immunity dependent on contract definition of “owner” – attorney’s fees are recoverable for any contract covered by Chapter 271 waiver.

Special guest author Laura Mueller, City Attorney of Dripping Springs City of Corpus Christi v. Graham Constr. Servs., Inc., 2020 WL 3478661, No. 13-19-00367-CV (Tex. App.—Corpus Christi June 25, 2020) (mem. op.). This is a breach of contract claim under Chapter 271
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Contracts, Sovereign Immunity

Contractor properly complied with administrative dispute resolutions in contract, so properly exhausted administrative remedies holds Dallas Court of Appeals

  Dallas Area Rapid Transit Authority v. GLF Construction Company, 05-19-003930-CV, (Tex. App – Dallas, April 3, 2020) This is an interlocutory appeal in a contractual immunity case where the Dallas Court of Appeals affirmed the denial of DART’s plea to the
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Contracts, Declaratory Judgments, Finance

Public entities which issue bonds can utilize Expedited Declaratory Judgment Act for validation of contract execution, but not compliance says Texas Supreme Court

City of Controe, et al, v San Jacinto River Authority, et al, 18-0989, (Tex. March 27, 2020) This is a case brought under the Expedited Declaratory Judgment Act (EDJA) involving proper compliance by the local government with bond requirements. The EDJA provides
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Contracts, Litigation, Sovereign Immunity

School district failed to establish unauthorized contract, even with TEA report declaring contract was executed in violation of procurement laws

Harlandale Independent School District v. Jasmine Engineering, Inc, 04-19-00638-CV, (Tex. App – San Antonio, March 11, 2020) This is a breach of contract/immunity case where the San Antonio Court of Appeals affirmed the denial of the school district’s plea to the jurisdiction.
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Contracts, Declaratory Judgments, Public Works

Texas Supreme Court holds 1949 utility easements with “reconstruction” language means easements are general with no fixed width

Southwestern Electric Power Company v. Kenneth Lynch, Tommy Batchelor, and Twant Wilson, Texas, 18-0768, (Tex. – Feb. 28, 2020) This is a property/easement dispute where the Texas Supreme Court held a set of utility easements were general, with no fixed width, regardless
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Agency, Civil Service/Collective Bargaining, Contracts, Employment Law

City allowed to appeal civil service order since hearing examiner performed her own Internet search on medication side-effects

City of Fort Worth v. Shea O’Neill, 02-18-00131-CV (Tex. App. – Fort Worth, Jan. 23, 2020). The Fort Worth Court of Appeals reversed-in-part and affirmed-in-part a trial court order regarding whether the court had jurisdiction over an appeal from a hearing examiner’s
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