Reata Construction Corporation v. City of Dallas

IN THE SUPREME COURT OF TEXAS

════════════

No. 02-1031

════════════

Reata Construction Corporation, Petitioner,

v.

City of Dallas, Respondent

════════════════════════════════════════════════════

On Petition for Review from the

Court of Appeals for the Fifth District of Texas

════════════════════════════════════════════════════

Argued December 12, 2004

Justice Brister, joined by Justice Hecht and Justice O’Neill, concurring.

I join in the Court’s judgment, as American law has long held that a government waives immunity from suit by filing an affirmative claim in court. I write separately because I disagree…