the City of Tyler v. Carl Owens, Jr.

NO. 12-16-00128-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS THE CITY OF TYLER, § APPEAL FROM THE APPELLANT V. § COUNTY COURT AT LAW NO. 3 CARL OWENS, JR., ET AL, APPELLEES § SMITH COUNTY, TEXAS MEMORANDUM OPINION ON REMAND The Texas Supreme Court remanded this case to us to determine whether the City of Tyler acted in its governmental or proprietary capacity when it leased property on Lake Tyler to Carl Owens, Jr., Connie Owens, Michael Terry, and Sandi Terry (the Lessees) in light of Wasson Interests, Ltd. v. City of Jacksonville,

559 S.W.3d 142

(Tex. 2018)…