Legal Opinion

Texas Municipal Power Agency v. Kirk A. Johnston

Texas Court of Appeals, 1st District (Houston)

Decided February 28, 2013No. 01-12-00873-CVPublishedCited by 3 opinions

1Opinion of the Court

OPINION

EVELYN V. KEYES, Justice.

Kirk A. Johnston sought temporary and permanent injunctive relief against the Texas Municipal Power Agency (“TMPA”) to prohibit TMPA from, among other things, entering onto his property to con duct surveys and inspections and attempting to condemn a portion of his property. TMPA filed a plea to the jurisdiction, and the trial court denied the plea. In two issues, TMPA contends that the trial court erred in denying its plea to the jurisdiction because (1) Johnston’s petition did not present a justiciable controversy and (2) governmental immunity barred…

2Cases cited26 opinions

  1. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
  2. Bland Independent School District v. BlueTexas Supreme Court · 2000
  3. Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
  4. State v. HollandTexas Supreme Court · 2007
  5. Patterson v. Planned Parenthood of Houston and Southeast Texas, Inc.Texas Supreme Court · 1998

21 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Texas Transportation Commission and Ted Houghton, in His Official Capacity as Chair of the Texas Transportation Commission v. City of Jersey Village, Texas Court of Appeals, 14th District (Houston)2015
  2. The City of Killeen v. Oncor Electric Delivery Company LLC, Texas Court of Appeals, 3rd District (Austin)2025
  3. The City of Killeen v. Oncor Electric Delivery Company LLC, Texas Court of Appeals, 3rd District (Austin)2025

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