Legal Opinion

Davis v. City of Palestine

Texas Court of Appeals, 12th District (Tyler)

Decided April 13, 1999No. 12-95-00180-CVPublishedCited by 10 opinions

1Opinion of the Court

OPINION ON REMAND

JIM WORTHEN, Justice.

On August 27, 1997, we delivered a published opinion and rendered judgment reversing the trial court’s summary judgment for the City of Palestine (“the City”). In our opinion, we concluded that because the City did not meet its burden of proof to show that it was entitled to judgment as a matter of law on the issues of sovereign immunity and constitutional taking, the trial court erred when it granted summary judgment for the City on all of Harold Davis and Patricia Ann Davis’ (“the Davises”) claims. The Texas Supreme Court granted the City’s petition for…

2Cases cited25 opinions

  1. Great American Reserve Insurance Co. v. San Antonio Plumbing Supply Co.Texas Supreme Court · 1965
  2. State Farm Fire & Casualty Co. v. S.S.Texas Supreme Court · 1993
  3. Montgomery v. KennedyTexas Supreme Court · 1984
  4. Acker v. Texas Water CommissionTexas Supreme Court · 1990
  5. Roark v. AllenTexas Supreme Court · 1982

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3Cited by10 opinions

  1. Kerr v. Texas Department of Transportation, Texas Court of Appeals, 1st District (Houston)2001
  2. Baughman v. GarciaDistrict Court, S.D. Texas · 2017
  3. El Paso Cnty. Water Improvement Dist. 1 v. OchoaCourt of Appeals of Texas · 2018
  4. City of Huntsville, Texas v. Lucio Castilleja and Laura Castilleja, Texas Court of Appeals, 15th District2025
  5. Mahmud Ameen Seifullah A/K/A James Lee Powell v. Jason Heaton, Texas Court of Appeals, 12th District (Tyler)2003

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