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

> Texas Court of Appeals, 8th District (El Paso) · July 31, 2014 · 442 S.W.3d 660

URL: https://www.frixlaw.com/law-library/cases/9818403

## Case

- **Full name:** The CITY OF EL PASO, Texas, Appellant, v. HIGH RIDGE CONSTRUCTION, INC., Appellee
- **Court:** Texas Court of Appeals, 8th District (El Paso)
- **Decided:** July 31, 2014
- **Citations:** 442 S.W.3d 660; 2014 Tex. App. LEXIS 8431; 2014 WL 3765932
- **Precedential status:** Published
- **Opinion:** Concurrence by Chew
- **Judges:** Rodriguez, Barajas, Chew
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9818403

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9818403. Public record. Not legal advice.