Battle of the "Sovereigns": State of Texas v. City of Galveston
This is one of the stranger cases in the strange realm of sovereign immunity law in Texas. State sues City. City claims sovereign immunity. Why not? It works when private citizens and contractors sue.
The Texas Supreme Court has agreed to weigh in and decide who will have the upper hand in the battle of the sovereigns.
04089001.pdf Response to Petition for Review - Filed: 03/03/2005 04089002.pdf Respondent's Brief on the Merits - Filed: 07/28/2005 04089003.pdf Petition for Review - Filed: 01/24/2004 04089004.pdf Petitioner's Reply Brief - Filed: 03/18/2005 04089005.pdf Petitioner's Brief on the Merits - Filed: 05/19/2005 04089006.pdf Petitioner's Reply Brief on the Merits - Filed: 09/02/2005 04089007.pdf Amicus Curiae Brief of TX Municipal League, et al. - Received: 03/18/2005 04089008.pdf Amicus Curiae Brief of TX Assoc. of School Boards Legal Assistance Fund - Received: 12/03/2004
THE SUPREME COURT HANDS DOWN ITS DECISION: THE CITY IS SOVEREIGN - SORT OF
March 2, 2007 - By a narrow majority the Texas Supreme Court has decided that the City of Galveston is immune suit by State, in addition to being immune to suit by its residents and contractors unless immunity is expressly waived by the Legislature. Opinion cites Section 111.33 of the Texas Education Code (see above) as example of legislative choice to deny immunity waiver for suit against the University of Houston while noting that consent for suit was given to a component university of the UT System. City of Galveston v. State of Texas, No. 04-0890 (Tex. Mar. 2, 2007)(Brister)
Banda v. City of Galveston (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(per curiam) [joint motion to dismiss granted] DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Hanks 01-04-00083-CV Donna Banda, et al. v. City of Galveston Appeal from 10th District Court of Galveston County
County of Galveston v. Nichols (Tex.App.--Houston [14th Dist. Oct 12, 2006)(Hedges) [TTCA, sovereign immunity, no opportunity to amend, incurable jurisdictional defect, misuse of information] REVERSED AND DISMISSED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Brock Yates and Seymore) 14-06-00322-CV County of Galveston, Texas v. Cassaundra Nichols, Individually and a/n/f Minor 1, Minor 2 and Minor 3--Appeal from 405TH District Court of Galveston County ("Cassaundra Nichols, individually and as next friend of Minor 1, Minor 2, and Minor 3, sued the County of Galveston, Texas, alleging negligence. Galveston County filed a plea to the jurisdiction asserting governmental immunity, which the trial court denied. Galveston County now brings this interlocutory appeal from the denial of its plea. See Tex. Civ. Prac. & Rem. Code Ann. '51.014(a)(8) (Vernon Supp. 2006) (authorizing interlocutory appeal from the denial of a plea to the jurisdiction based on governmental immunity). We reverse the trial court's order and dismiss Nichols' cause of action for want of subject matter jurisdiction. ... Cassaundra Nichols alleges that the misuse of the fax machine by Galveston County personnel caused her and her children injury, including mental anguish, embarrassment, humiliation, and stress. In its plea to the jurisdiction, Galveston County asserted governmental immunity. The trial court denied the plea.")
City of Galveston v. Texas General Land Office (Tex.App.–Houston [1st Dist.] April 20, 2006, pet. denied 10/27/06) [lease payments to State for use of submerged land under waterfront hotel, Code Construction Act] AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland Before Justices Taft, Higley and Bland 01-04-01096-CV The City of Galveston, Texas and Landry's Restaurants, Inc. v. The Texas General Land Office Appeal from 122nd District Court of Galveston County