Case law

FKM Partnership, Ltd. v. Board of Regents

51 Tex. Sup. Ct. J. 989 · Texas Supreme Court · Jun 6, 2008

The provision clearly contemplates that the condemnor negotiate with the property owner prior to filing suit. … In response, the University does not contend that section 21.019 is not a waiver of its immunity, but rather that it is immune from FKM’s claims because the claims do not fit within the terms of the statutory waiver. 1.

Virginia Indonesia Co. v. Harris County Appraisal District

910 S.W.2d 905 · Texas Supreme Court · Dec 22, 1995

Id. at 756-57 , 98 S.Ct. at 1402-03 (stating that the “immunity of services incidental to importing and export *910 ing [is] not so broad as the immunity of the goods themselves”). … Abandoning the original package doctrine “brought import tax immunity into alignment with export tax immunity” and eliminated what had previously been a wide loophole to state taxation. Robert C.W.

Josh Schroeder, in His Official Capacity as Chair of the City of Georgetown Planning and Zoning Commission, Along With the Following Members of the Planning and Zoning Commission Also in Their Official Capacities: Tim Bargainer, John Marler, Ercel Brashear, Kayla McCord, Gary Newman, and Ben Stewart v. Escalera Ranch Owners' Association, Inc.

Texas Supreme Court · Jun 3, 2022

The Association argues that the Patience Ranch plat did not conform to the UDC, and therefore the Commissioners clearly abused their discretion in approving it. … Governmental immunity protects the State’s political subdivisions from suit and liability. 8 The Legislature may waive governmental immunity by statute. 9 The Association concedes that it has not done

City of Beaumont v. Yvonne Como

55 Tex. Sup. Ct. J. 1422 · Texas Supreme Court · Aug 31, 2012

Como responded that she would not attend the hearing and that she disagreed that her building qualified as a dangerous structure under the applicable ordinances. … The City filed an immunity- based plea to the jurisdiction, which the trial court granted.

Harris County Flood Control District v. Kerr

59 Tex. Sup. Ct. J. 1185 · Texas Supreme Court · Jun 17, 2016

See also Jennings, 142 S.W.3d at 312 (“Because we conclude ... plaintiffs did not establish a constitutional taking ... the City has retained immunity from the plaintiffs’ nuisance claim.”). . … We have noted that sovereign immunity is "inherent in the nature of sovereignty” and "an established principle of jurisprudence in all civilized nations.” Wichita Falls State Hosp. v.

John Christopher Franka, M.D. and Nagakrishna Reddy, M.D. v. Stacey Velasquez and Saragosa Alaniz, Individually and as Next Friends of Their Minor Child, Saragosa Mario Alaniz

Texas Supreme Court · Jan 21, 2011

Clearly, the government’s burden under (e) is much different. … The Court and I agree that the employee may establish a defense or immunity under section 101.106’s terms, but we disagree on what those terms entail.

Patrick Von Dohlen, Brian Greco, Kevin Jason Khattar, Michael Knuffke, and Daniel Petri v. City of San Antonio

Texas Supreme Court · Apr 1, 2022

Instead, the vote established a forward-looking policy under which city staff were directed to pursue the exclusion of Chick-fil-A from the airport’s concessions contract. … Any acts in furtherance of that exclusionary goal would surely qualify as a violation of Chapter 2400, which broadly prohibits “any adverse action” against “any person” to “withhold, reduce, exclude, terminate, or otherwise

St. Luke's Episcopal Hospital v. Agbor

952 S.W.2d 503 · Texas Supreme Court · Oct 30, 1997

Texas has clearly done what section 11115(a) allows and has provided extra "immunities, or protection for those engaged in a professional review action." Id. … (a hospital "clearly may have a duty to prevent a physician's malpractice at least to the extent that it establishes procedures for the granting of staff privileges and for the review of these privileges.").

Constantino Meza, Plutarco Meza, Daniela Meza, and Alejandra Meza v. the City of Fort Worth, Texas

Texas Supreme Court · Apr 14, 2023

The challenged conduct may not turn out to be within the statute’s waiver of immunity; the claims may fail on the merits. Such a resolution may come quickly. … If they didn’t, then the Court should take this case to provide further guidance on what qualifies as “actual notice.”

Shell Oil Company and Shell International, E&P, Inc. v. Robert Writt

58 Tex. Sup. Ct. J. 956 · Texas Supreme Court · May 15, 2015

In support of this policy, Texas recognizes two classes of privileges applicable to defamation suits: absolute privilege and conditional or qualified privilege. Hurlbut, 749 S.W.2d at 768. … and judicial proceedings . . . . 7  Privileges of the second class, the conditional or qualified privilege, are true privileges because they arise

Owens Corning v. Carter

42 Tex. Sup. Ct. J. 883 · Texas Supreme Court · Jul 1, 1999

In addition, although intent is necessary to establish a permanent residence, it alone is not sufficient to establish a permanent residence. See Mills v. … Despite the lack of such a distinction in the statutory language, Plaintiffs cite a number of statements made by the bill’s sponsors during floor debates and assert that the Legislature “clearly intended” that section 71.052

San Antonio River Authority v. Austin Bridge & Road, L.P. and Hayward Baker, Inc.

Texas Supreme Court · May 1, 2020

Authority, and (2) governmental immunity does not bar the claims because chapter 271 of the Local Government Code waives that immunity. … The Court suggests that section 271.151(1)’s definition of “adjudication” supports its construction, but like section 271.154, section 271.151(1) clearly distinguishes between procedures and proceedings.

Phi, Inc. v. Texas Juvenile Justice Department F/K/A Texas Youth Commission

Texas Supreme Court · Apr 26, 2019

As a preliminary matter, to establish a waiver of immunity under its emergency-brake theory of negligence, PHI must first establish that the alleged damage “arises from” Webb’s failure to set the emergency brake. … We turn now to whether Webb’s failure to engage the emergency brake qualifies as “operation or use” of the vehicle. TEX. CIV. PRAC. & REM. CODE 101.021(1)(A).

Campbellton Road, Ltd. v. City of San Antonio by and Through the San Antonio Water System

Texas Supreme Court · Apr 12, 2024

The jurisdictional question here, one we review de novo, 23 is whether the Developer satisfied its burden to establish, or at least raise a fact issue on, a waiver of that immunity. 24 The Developer relies on the waiver of … “a written contract” We first consider the threshold requirement to establish a waiver of governmental immunity under the Act: the existence of a written contract. 40 To constitute “a written contract,” an agreement

Mitchell Energy Corp. v. Ashworth

40 Tex. Sup. Ct. J. 501 · Texas Supreme Court · Apr 18, 1997

Then in July of 1996, she qualified as a “senior judge” under Section 75.001 of the Government Code. … Section 74.053 clearly is intended to give parties the right to veto the assignment of certain former judges.

State v. Lowry

34 Tex. Sup. Ct. J. 324 · Texas Supreme Court · Feb 6, 1991

The confidentiality accorded by this statute, however, is qualified in two ways: (1) “except as provided in this section” or (2) if “ordered by a court for good cause shown.” Id. … We determine that a sufficient showing was made to establish substantial need.

Dallas County Hospital District D/B/A Parkland Health and Hospital System v. Sheri Kowalski

Texas Supreme Court · Dec 31, 2024

Allowing claims of mild discomfort to qualify as disabilities would substantially lower a plaintiff’s burden below the Labor Code’s requirements. … Again, Kowalski bore the burden to establish a fact issue on this point.

Bird v. W.C.W.

37 Tex. Sup. Ct. J. 329 · Texas Supreme Court · Jan 5, 1994

In addition to the judicial proceedings privilege, the Family Code also affords immunity to those reporting abuse. … By providing such immunity, the legislature has established a public policy which encourages the reporting of the abuse of a child.

Texas Health and Human Services Commission v. Dimitria Pope and Shannon Pickett

Texas Supreme Court · May 5, 2023

Standard of review The State and its agencies, including HHSC, “are immune from suit and liability in Texas unless the Legislature expressly waives sovereign immunity.” State v. … facts giving rise to an actual violation of the Act to qualify for the statutory waiver of immunity.

Persimmon Ridge Partners EO, L.P., Russ Vandenburg, and Martha Vandenburg v. Fannie Mae

Texas Supreme Court · Aug 10, 2015

Here, the filing of the lien affidavit, regardless of its validity as a perfected lien, qualified as an encumbrance, since it clearly casted a cloud on the property’s title. … Code Ann. § 181.004 provided condemnation power in general terms, that language did not clearly and unambiguously identify waiver of immunity. Dallas Area Rapid Transit v. Oncor Elec. Delivery Co. Lie, 2010 Tex. App.