Legal Opinion

Industrial Construction Management v. DeSoto Independent School District

Texas Court of Appeals, 5th District (Dallas)

Decided December 28, 1989No. 05-89-00449-CVPublishedCited by 21 opinions

1Opinion of the Court

OPINION

CARVER, Justice.

Industrial Construction Management appeals from a summary judgment in which the trial court found that “the suit filed by the Plaintiff (Industrial) ... founded upon a breach of contract theory is barred in its entirety as a matter of law because the doctrine of sovereign immunity bars the filing of suit against independent school districts without legislative permission.” We disagree, reverse, and remand for trial.

The live pleadings of Industrial at the entry of the summary judgment alleged that Industrial and DeSoto Independent School District entered into a written…

2Cases cited18 opinions

  1. Barr v. BernhardTexas Supreme Court · 1978
  2. Gates v. City of DallasTexas Supreme Court · 1986
  3. Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
  4. Fristoe v. Leon & H. BlumTexas Supreme Court · 1898
  5. Bennett v. Brown County Water Improvement District No. OneTexas Supreme Court · 1954

13 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Federal Sign v. Texas Southern UniversityTexas Supreme Court · 1997
  2. Zachry Construction Corporation v. Port of Houston Authority of Harris County, TexasTexas Supreme Court · 2014
  3. Green International, Inc. v. StateCourt of Appeals of Texas · 1994
  4. Jensen Construction Co. v. Dallas County, Texas Court of Appeals, 5th District (Dallas)1996
  5. Alcorn v. Vaksman, Texas Court of Appeals, 1st District (Houston)1994

16 more not listed; retrieve them via the Exa API.

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