Case law

Tarrant Appraisal District v. Gateway Center Associates, Ltd.

34 S.W.3d 712 · Court of Appeals of Texas · Dec 21, 2000

From the early 1980s until 1995, the District specially appraised all of these properties as “qualified open-space land.” … It also had an opportunity to be heard before the annual property taxes became delinquent through the procedures established for protests. See Tex.Tax Code ÁNN. § 41.41 (Vernon Supp.2001).

Texas Campaign for the Environment v. Partners Dewatering International, LLC

485 S.W.3d 184 · Court of Appeals of Texas · Jan 21, 2016

Environmental Qualify (TCEQ) that PDI had plans to. obtain a registration from the TCEQ to take commercial loads of waste to the Rio Hondo wastewater treatment plant, as it did in LaCoste. … Schneider should have known because she “led the TCE for years[ ] and it is very simple to get an entity’s compli-anee history from the TCEQ” and because the “TCE published PDI’s entire application on its website,” which “clearly

Strother v. City of Rockwall

358 S.W.3d 462 · Court of Appeals of Texas · Jan 27, 2012

The City objected that appellant failed to show she was qualified to state opinions regarding flooding, drainage, and hydrology. … Accordingly, we shall review the City’s objections to appellant’s conclusory statements and to whether she is qualified to provide her opinion on flooding issues.

University of Texas at Arlington v. Bishop

997 S.W.2d 350 · Court of Appeals of Texas · Aug 19, 1999

APPORTIONMENT OF ATTORNEY’S FEES In point one, UTA contends the legislature has not clearly and unambiguously waived the immunity of state agencies for suits apportioning attorney’s fees in third-party actions. … UTA made Mvolous arguments for reversal of existing law and the establishment of new law. 14.

Lake LBJ Municipal Utility District v. Coulson

839 S.W.2d 880 · Court of Appeals of Texas · Oct 21, 1992

Even when a governmental unit performing governmental functions would clearly be liable if it were a private citizen, the claimant must still point to a statute waiving immunity from suit or obtain from the legislature consent … It follows that, if a governmental entity enjoyed immunity from suit, it enjoyed immunity from liability for attorney’s fees as well.

Welch v. State

148 S.W.2d 876 · Court of Appeals of Texas · Feb 22, 1941

Although the Legislature is authorized to waive the State’s immunity from such liability, its intention to do so should appear by clear and unambiguous language. … We think the Constitution clearly indicates the meaning that should be given the phrase “municipal corporation” when employed in legislation.

the Texas Education Agency and Mike Morath, Commissioner of Education, in His Official Capacity v. Academy of Careers and Technologies, Inc. D/B/A Academy of Careers and Technologies Charter School

499 S.W.3d 130 · Court of Appeals of Texas · Jul 13, 2016

In response, TEA filed a plea to the jurisdiction, contending that sovereign immunity barred ACT’s suit because the legislature has not waived immunity. … (“Under long-established Supreme Court jurisprudence, a benefit is not a protected entitlement if government officials may grant or deny it in their discretion . . . .

Donohue v. Dominguez

486 S.W.3d 50 · Court of Appeals of Texas · Jan 13, 2016

—Houston [14th Dist.] 2005, pet’, denied) (“To establish a prima facie claim for civil assault, the plaintiff must establish the same elements required for criminal assault.”),- However, a civil assault claim is still a “ … —Fort Worth 1997, writ denied). “[0]nly if the language of the specific provisions involved clearly impl[y]” a private action for damages does the Texas Constitution create one. 4 Brown v.

Sunoco Terminals, Inc. v. Bullock

756 S.W.2d 418 · Court of Appeals of Texas · Aug 10, 1988

Sun Penna is a Pennsylvania corporation qualified to do business in Texas and is also a wholly-owned subsidiary of Sun. *419 Established companies are required to pay corporate franchise taxes for the period from May 1st … In Calvert , Humble Oil & Refining Co., a Delaware corporation, was organized in September 1959, with only qualifying assets and with its qualifying capital stock held by Humble Oil & Refining Corporation, a Texas corporation

City of Amarillo v. Langley

651 S.W.2d 906 · Court of Appeals of Texas · Apr 29, 1983

Two motorcycle riding traffic scofflaws do not qualify as a matter of law as a commotion of a large number of persons acting unlawfully in concert. … Before the City can demonstrate immunity under § 14(10) it is required to either conclusively establish, or obtain a finding, that an intentional tort was committed. See City of Houston v.

Mercantile National Bank at Dallas v. Langdeau

331 S.W.2d 349 · Court of Appeals of Texas · Dec 9, 1959

The defendant did not, however, choose to claim immunity from suit in that court. … “The proceeding in this case was clearly local in its nature. It related to property in the Parish of La Fourche, which had been seized and sold under process from the district court of that parish.

Jose Gerardo Padilla, Giovanna Padilla and Houston Best Foods & Services, LLC D/B/A Doneraki Fulton v. Metropolitan Transit Authority of Harris County

497 S.W.3d 78 · Court of Appeals of Texas · May 24, 2016

in all circumstances unless its immunity has been waived by a specific act of the Legislature. … See Southtex 66 Pipeline Co., 238 S.W.3d at 543 (“A person’s position or job responsibilities can peculiarly qualify him to have personal knowledge of facts and establish how he learned of the facts.”).

Hodges v. State

403 S.W.2d 207 · Court of Appeals of Texas · Apr 19, 1966

Smith duly qualified as a real estate appraisal expert, and having so qualified and having testified that he had an opinion as to market value of the property in question he became prima facie qualified to express his opinions … Furthermore, it is well-settled law that opinion testimony does not establish any material fact as a matter of law. Hood v. Texas Indemnity Ins. Co., 146 Tex. 522 , 209 S.W.2d 345 (1948).

McGuire v. Overton Memorial Hospital

514 S.W.2d 79 · Court of Appeals of Texas · Sep 12, 1974

A supplemental answer was later filed contending that governmental immunity would preclude the hospital from being liable for any negligence. … When a defendant moves for summary judgment, he must assume the negative burden of clearly showing as a matter of law that the plaintiff has not established an issue as to one or more elements of plaintiff’s cause of action

Phil Wilson, in His Official Capacity as General Manager of the Lower Colorado River Authority And Timothy Timmerman Thomas Michael Martine J. Scott Arbuckle Steve K. Balas Lori A. Berger Joseph M. Crane Pamela Jo Ellison John M. Franklin v. New Braunfels Utilities

536 S.W.3d 5 · Court of Appeals of Texas · Jul 22, 2016

based on sovereign immunity should be sustained. … The state officials did not question the plaintiffs’ title to the submerged land but argued that the plaintiffs’ title was qualified, “subject to certain rights of the public and burdened with a servitude in favor of the

City of Houston v. Bush

566 S.W.2d 33 · Court of Appeals of Texas · Apr 6, 1978

The above facts clearly show the necessary interrelationship of the various functions being performed on this integrated city project. … Knowledge and appreciation, though proved as a matter of law, do not necessarily establish contributory negligence as a matter of law.” Id. at 521. These points are overruled.

Bates v. Pecos Cnty.

546 S.W.3d 277 · Court of Appeals of Texas · Mar 29, 2017

Governmental immunity operates like sovereign immunity and affords similar protection to subdivisions of the State, including its counties. Id. … When a governmental unit contracts with a private party it waives immunity from liability, but not immunity from suit. Id.

Stevenson v. State

304 S.W.3d 603 · Court of Appeals of Texas · Jan 28, 2010

The standard of review is the same for direct and circumstantial evidence cases; circumstantial evidence is as probative as direct evidence in establishing an actor’s guilt. Clayton, 235 S.W.3d at 778 ; Hooper v. … She testified that she received an immunity agreement but had been willing to testify without it. Defense counsel entered the immunity agreement in evidence.

Berkel & Co. v. Lee

543 S.W.3d 288 · Court of Appeals of Texas · Jul 13, 2017

For the subscribing employer, the Act provides immunity from the injured employee's common law claims. Id. … Did one of Berkel's jobsite employees qualify as a vice principal?

El Paso Cnty. Water Improvement Dist. 1 v. Ochoa

554 S.W.3d 51 · Court of Appeals of Texas · Jan 31, 2018

The Court there analyzed whether the plaintiff could recover mental-anguish damages against a private defendant under the common law in order to establish a waiver of immunity under the TTCA. … The court determined that the damages "clearly [fell] outside the types of causes in which mental anguish has been held compensable under Texas law" and found that the plaintiff could not recover on her claim for mental-anguish