Contracts, Declaratory Judgments, Litigation, Sovereign Immunity, TTCA

No waiver of immunity for city contract to install sewer lines on property says 4th Court of Appeals

Twanda Brown v. City of Ingram, 04-19–00508-CV (Tex. App. —  San Antonio, Nov. 20, 2019).   In this suit, the San Antonio Court of Appeals affirmed the granting of the City’s plea to the jurisdiction related to counterclaims regarding utility services.   The City of Ingram (“the City”) sued
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Agency, Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Injunction, Litigation, Sovereign Immunity, TOMA

Beaumont Court of Appeals holds firefighter’s last-chance agreement in collective bargaining city deprived trial court of jurisdiction to hear appeal of indefinite suspension

  Michael Scott Nix v. City of Beaumont, 09-18-00407-CV (Tex. App. -Beaumont – Oct. 3, 2019)\ This is an interlocutory appeal in a firefighter suspension case where the Beaumont Court of Appeals affirmed the granting of the City’s plea to the jurisdiction.
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Contracts, Litigation, Sovereign Immunity

City immune for claims of “general engineering work” since the contract was expressly for a specific project with no generalized work included

Naismith Engineering, Inc. v. The City of Aransas Pass, 13-18-00402-CV (Tex. App. – Corpus Christi, September 19, 2019) This is a governmental immunity/contract case where the Corpus Christi court out of Edinburg affirmed the granting of the City’s plea to the jurisdiction.
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Contracts, Declaratory Judgments, Litigation, Procedure, Sovereign Immunity

Subcontractor did not contract directly with DFW Airport, so no waiver of immunity exists for breach of contract, says Dallas COA

Ruth Torres v. Dallas/Ft Worth International Airport et. al, 05-18-00675-CV (Tex. App. —  Dallas, August, 29, 2019). This is a breach of contract case where the Dallas Court of Appeals held the trial court was without jurisdiction to hear the claims. Torres
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Agency, Contracts, Litigation, Sovereign Immunity

Texas Supreme Court holds “good faith” efforts clause to seek future Board approval in contract is unenforceable. Also, damages would be consequential so Board retains immunity

Dallas/Fort Worth International Airport Board v Vizant Technologies, 18-0059, (Tex. May 17, 2019). This is a governmental immunity defense in a breach of contract case where the Texas Supreme Court held Chapter 271 of the Texas Local Government Code did not waive
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Agency, Contracts, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Texas Supreme Court holds navigation district retains immunity from suit by State, but ultra vires claims against commissioners can proceed to trial

Chambers-Liberty Counties Navigation District, et al. vs. State of Texas, 17-0365 (Tex. May 10, 2019) This is an interlocutory appeal in a sovereign immunity/regulatory control case where the Texas Supreme Court held the Chambers-Liberty Counties Navigation District (“District”) retained immunity from suit
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Agency, Contracts, Declaratory Judgments, Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds Type B economic development corporations are not entitled to immunity for breach of contract claims

  Rosenberg Development Corp. v. Imperial Performing Arts, Inc., No. 17-0660 (Tex. – March 9, 2019). The Texas Supreme Court holds Type -B EDCs are not entitled to governmental immunity in breach of contract cases. Rosenberg Development Corporation (RDC) is a Type
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