Supreme Court of Texas Blog: Legal Issues Before the Texas Supreme Court

No. 14-0079
TAMES

LOWER COLORADO RIVER AUTHORITY v. CITY OF BOERNE, TEXAS

The Court requested full merits briefing on May 2, 2014. The Court denied review of the petition on October 24, 2014. File Closed

In the news...

Tracking 1 article about this case.

No Opinions

The Court has not issued any opinions in this case.

 

Court of Appeals

Appellate District:4th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:04-13-00108-CV
Opinion Author:Honorable Rebeca C. Martinez

Trial Court

Trial Court:216th District Court
County:Kendall
Trial Judge:Honorable William R. Palmer
Trial Docket:12-502

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2014-12-29 Amicus Curiae Brief received  
2014-12-19 Motion to dismiss disposed   Filing granted
2014-12-19 Granted Petition for Review disposed   Dismissed
2014-12-17 Motion to dismiss filed (Petitioner)  
2014-12-08 Amicus Curiae Brief received  
2014-12-03 Oral Argument Submission Form from Attorney received (Respondent)  
2014-10-27 Oral Argument Submission Form from Attorney received (Petitioner)  
2014-10-24 Petition for Review disposed Filing granted
2014-10-24 Case set for oral argument   Case set for oral argument
2014-10-24 Petition for Review granted
2014-09-09 Amicus Curiae Brief received (Amicus Curiae)  
2014-08-27 Reply brief filed  
2014-08-13 Reply brief filed (Petitioner)  
2014-07-30 Brief filed (Respondent)  
2014-07-10 Brief filed (Petitioner)  
2014-07-01 Motion to Consolidate disposed   Filing granted
2014-06-26 Motion to Consolidate filed (Joint motion filed)  
2014-06-17 Motion for Extension of Time disposed. (Respondent)   Filing granted
2014-06-17 Motion for extension of time to file brief. (Respondent)  
2014-06-17 Call received (Petitioner)  
2014-06-02 Brief filed (Petitioner)  
2014-05-15 Case Record Filed  
2014-05-14 Record Requested in Petition for Review  
2014-05-05 Notice received (Respondent)  
2014-05-02 Brief on the Merits Requested  
2014-03-13 Reply filed (Petitioner)  
2014-03-04 Case forwarded to Court
2014-02-27 Response to Petition for Review filed (Respondent)  
2014-02-21 Additional citations received. (Petitioner)  
2014-01-28 Petition for Review filed (Petitioner)  

Parties

Party Counsel Role
City of Boerne, Texas
Paul M. Gonzalez
R. Lambeth Townsend
Mr. R. Gaines Griffin
Mr. Jose E. De La Fuente
Mr. John W. Davidson
Paul G. Gosselink
Mr. Richard L. Crozier
Melissa A. Long
Ms. Amy M. Emerson
Respondent
Lower Colorado River Authority
Mr. James N. Rader
Ms. Jane M. N. Webre
Mr. Stephen E. McConnico
Ms. Kennon Lathem Wooten
Ryan S. Squires
Mr. John W. Rubottom
Petitioner

Amici Curiae

Amicus Curiae Counsel
Texas Municipal League and Texas City Attorneys Association
Ms. Heather Mahurin
Texas Civil Justice League
Mr. George S. Christian
The City of Dallas
Mr. Charles Steven Estee

Local government immunity from contract claims

The question is whether suit can be brought against the City for a contract alleged to have been entered in its proprietary (rather than governmental) capacity. The LCRA argues that this category of contract is not covered by immunity and that, if there were any doubt, it has also been waived by statute. The City argues that this proprietary-governmental distinction is inapplicable to contract claims and has also become unworkable in practice.

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