Legal Opinion

City of Denton v. Brian Rushing, Calvin Patterson and Kevin Marshall

Texas Supreme Court

Decided March 15, 2019No. 17-0336PublishedCited by 9 opinions

1Opinion of the CourtJustice Devine

*709 In this interlocutory appeal from an order denying a city's plea to the jurisdiction and alternative motion for summary judgment, we must determine whether Local Government Code section 271.152, which waives a city's immunity from suit on certain contracts, applies to these underlying claims. The Local Government Code provides that a governmental entity that is authorized by law to contract and that enters into a contract waives its "immunity to suit for purposes of adjudicating a claim [under] the contract." TEX. LOC. GOV'T CODE § 271.152. At issue here is whether a contract exists. The…

2Cases cited16 opinions

  1. J.M. Davidson, Inc. v. WebsterTexas Supreme Court · 2003
  2. Tooke v. City of MexiaTexas Supreme Court · 2006
  3. Fort Worth Independent School District v. City of Fort WorthTexas Supreme Court · 2000
  4. The City of Houston v. Steve WilliamsTexas Supreme Court · 2011
  5. Light v. Centel Cellular Co. of TexasTexas Supreme Court · 1994

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3Cited by9 opinions

  1. dallas/fort Worth International Airport Board v. Vizant Technologies, LlcTexas Supreme Court · 2019
  2. William Casey v. St. Mary’s BankDistrict Court, D. New Hampshire · 2023
  3. Arlington Professional Fire Fighters International Association of Fire Fighters, AFL-CIO, Local 1329 David Crow, Shawn Graham, Joseph Markham, Edward Montague, Matthew Throne, and Adrian Rojas v. City of Arlington, Texas City of Arlington, Texas, City Council City of Arlington, Texas, Civil Service Commission Jim Ross, in His Official Capacity as Mayor of the City of Arlington Helen Moise, in Her Official Capacity as a Member of the City of Arlington, Texas, City Council Ralph Gonzalez, in His Official Capacity as a Member of the City of Arlington, Texas, City Council Nikkie Hunter, in Her Official Capacity as a Member of the City of Arlington, Texas, City Council, Texas Court of Appeals, 2nd District (Fort Worth)2021
  4. Campbellton Road, Ltd. v. City of San Antonio by and Through the San Antonio Water SystemTexas Supreme Court · 2024
  5. Casey v. St. Mary's BankDistrict Court, D. New Hampshire · 2023

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