Legal Opinion · Dissent

Texas Natural Resource Conservation Commission v. IT-Davy

Texas Supreme Court

Decided April 11, 2002No. 99-1114Published

1DissentCraig T. Enoch, Justice

From its perspective, IT-Davy, in good faith, bargained for and fully performed its *863obligations to the State under a binding contract. And in exchange, it expects to be paid the agreed upon compensation — an amount it claims to be $6,728,655. The State, on the other hand, asserts that it owes no more than $700,000. Once again for citizens who have contractual disputes with the State, the Court, itself, closes the courthouse doors and then throws up its hands, claiming helplessness.

I remind the Court that the doctrine of sovereign immunity is not a creation of the Legislature, but a creation…

2Cases cited8 opinions

  1. Federal Sign v. Texas Southern UniversityTexas Supreme Court · 1997
  2. General Services Commission v. Little-Tex Insulation Co.Texas Supreme Court · 2001
  3. City of Houston v. Northwood Municipal Utility District No. 1Court of Appeals of Texas · 2001
  4. Texas Department of Transportation v. Aer-Aerotron, Inc.Texas Supreme Court · 2001
  5. Denver City Independent School District v. Moses, Texas Court of Appeals, 7th District (Amarillo)2001

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