Opinion

City of El Paso, Texas v. High Ridge Construction, Inc.

  • 442 S.W.3d 660
  • 2014 Tex. App. LEXIS 8431
  • 2014 WL 3765932
Court
Texas Court of Appeals, 8th District (El Paso)
Filed
Jul 31, 2014
Status
Published
Author
Chew
On the bench
Rodriguez, Barajas, Chew
Cited by
13 cases

recognizing that in modem times governments have retained sovereign immunity "to protect the public treasury"

How later courts described this case

  • recognizing that in modem times governments have retained sovereign immunity "to protect the public treasury"
  • concluding that plaintiff’s estoppel argument sought to foreclose defensive issued raised by defendant city in response to plaintiff’s breach of contract claim
  • ‘The City’s argument that [the contractor] cannot maintain its breach of contract claim for damages in excess of the $600,000 contractual cap unless there is a properly executed written amendment is in reality an argument that the contract claim will fail on the merits.”

Written by the judges who cited it.

The opinion

DAVID WELLINGTON CHEW, Senior Judge,

concurring.

While I concur with the result, I respectfully disagree with the premise that the weatherization project, the focus of this case, is of no direct benefit to the City. As a city representative twenty-five years ago, I arranged for fans to be given to residents of the tenements in El Paso’s second ward. I think that was a direct benefit to the City. Likewise, the services provided here for the benefit of low- and moderate-income persons by making their homes energy efficient, and have a significant impact on water conservation for the evaporative coolers typically used on low- and moderate-income apartments: Indeed, it was not that long ago that the City gave direct cash rebates for replacing evapo-rative coolers with refrigerated air conditioning to conserve water. Almost two-years ago, I wrote, in a different vein: “Without water, the prospect of economic growth in El Paso is simply dust.” See Chris Roberts, (2012, Aug. 6) “El Paso City Re. Courtney Niland’s push to sell PSB land questioned,” El Paso Times, pp. Al. I think such a conservation service is a direct benefit to the City. I concur.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.