Legal Opinion

Pulaski v. Republic of India

District Court, S.D. Texas

Decided June 26, 2002No. Civil Action H-01-3641Published

1Opinion of the Court

Opinion on Immunity

HUGHES, District Judge.

1.Introduction.

A landowner says that his neighbor is diverting water onto his property. Because the neighbor is a country’s consular residence, the initial issue is whether the foreign government may be sued for this class of injury. The country’s actions are not directly related to the consulate’s discretionary diplomatic function, so this court has jurisdiction over the subject and party.

2. Background.

In 1995 the Republic of India established a consulate in Houston, Texas. It bought land with a house to use as the residence of the consul general.…

2Cases cited5 opinions

  1. Kraft v. LangfordTexas Supreme Court · 1978
  2. MacArthur Area Citizens Association v. Republic of PeruCourt of Appeals for the D.C. Circuit · 1987
  3. Dallas Land Loan Co. v. GarrettCourt of Appeals of Texas · 1925
  4. Feeley v. ER Butterworth & SonsWashington Supreme Court · 1953
  5. Martin v. MartinCourt of Appeals of Texas · 1952

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