City of Houston v. Buttitta

OPINION ON REHEARING

GEORGE C. HANKS, JR., Justice.

We withdraw our opinion and judgment issued July 17, 2008, and issue the following opinion and new judgment instead. We deny the City of Houston’s motion for rehearing en banc as moot.

The City appeals the trial court’s order granting the plea to its jurisdiction. The City contends that the trial court erred in granting the plea because the City’s pleadings sufficiently set out facts establishing jurisdiction under the Declaratory Judgment Act. According to the City, it did not ask the trial court to issue a declaratory judgment that a decision…