Opinion

Champion Builders v. City of Terrell Hills

  • 70 S.W.3d 221
  • 2001 WL 1580484
Court
Texas Court of Appeals, 4th District (San Antonio)
Filed
Feb 6, 2002
Status
Published
Author
Duncan
On the bench
Hardberger, Rickhoff, López, Stone, Green, Duncan, Angelini
Cited by
4 cases
Authority
More cited than 7.6%

The opinion

SARAH B. DUNCAN, Justice,

dissenting on denial of further reconsideration en banc, joined by Justice GREEN and Justice ANGELINI.

This Court’s duty is clear: It must follow the pronouncements of the Supreme Court of Texas. Lofton v. Texas Brine Corp., 777 S.W.2d 384, 386 (Tex.1989). And the Supreme Court’s pronouncement of the law applicable to this dispute could not be more clear: “[A] court must measure good faith in official immunity cases against a standard of objective legal reasonableness without regard to the officer’s subjective state of mind.” Wadewitz v. Montgomery, 951 S.W.2d 464, 466 (Tex.1997). In defiance of the Supreme Court’s pronouncement, the majority holds “we are not required to turn a blind eye to evidence of bad faith.” I dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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